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Data guardian squarespace6/10/2023 Private or third-sector organisations (such as charities) that do not deliver any publicly funded work do not need to appoint one. If you are a private or third-sector organisation and you deliver any work that is publicly funded, then yes, you need to appoint a Caldicott Guardian to cover that aspect of your work. We are a privately funded organisation do we need a Caldicott Guardian? The key consideration is whether the individual appointed has the knowledge and skills to provide accurate advice and consideration, in line with the Caldicott Principles, in relation to a particular area or service. No, but organisations have discretion as to whether one or more Caldicott Guardians should be appointed, or whether it should put deputies in place where specific expertise is required. Do we need a separate Caldicott Guardian for each service? Our organisation provides a range of health and social care services covering several different specialities. Very small organisations that have been commissioned to provide services might put in place an arrangement with their commissioning organisation to make its Caldicott Guardian available where necessary. For example, a group of care homes, a primary care network (PCN), or a consortium of GP surgeries may arrange for a single Caldicott Guardian to represent the group. Yes, an organisation may choose to share a Caldicott Guardian with one or more other organisations. Can a group of organisations be represented by a single Caldicott Guardian? See section 3 of the guidance ‘Should your organisation appoint a Caldicott Guardian?’ for further information. An organisation may choose to share a Caldicott Guardian with one or more other organisations. Where an organisation considers it is not proportionate or feasible to appoint a member of its own staff to the role, it should arrange for the function to be provided in another way. Yes, the Caldicott Guardian function can be outsourced. If they have decided to depart from the guidance, they have good reasons for doing soĬan we outsource our Caldicott Guardian function? They have taken it into account when making a decision to which the guidance is relevant ‘Having regard’ to the NDG guidance means that the organisations within its scope should be able to show that: They should appoint a Caldicott Guardian to assist with the processing of confidential data of patients and service users of publicly funded services. The duty to have regard to this guidance applies to organisations that are not public bodies only in relation to their publicly funded work. Other persons or organisations that provide services as part of the publicly funded health service, adult social care, or adult carer support (pursuant to arrangements with a public body falling within point 1 above) and that process confidential information about patients and service users.įor example, private companies and third-sector organisations like charities delivering services for the NHS or publicly funded adult social care. Public bodies exercising functions that relate to the health service, adult social care, or adult carer support in England and that process confidential information about patients and service users.įor example, hospitals, GP surgeries, care homes, and planners and commissioners of health and care services. The following have a statutory duty to ‘have regard to’ that guidance: The Health and Social Care (National Data Guardian) Act 2018 empowers the NDG to issue official guidance about the processing of health and adult social care data in England. The National Data Guardian (NDG) has published guidance under her statutory powers about the appointment, role and responsibilities of Caldicott Guardians in respect of data processing activities undertaken within their organisations.
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