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It became a legal requirement under the GDPR (General Data Protection Regulation) on 25th May 2018 that practitioners have to make clear to you their data processing procedure. Most importantly the GDPR made it a legal requirement for you to actively opt in and consent to these arrangements and the handling of your data.
As such, I abide by the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 and am the registered data controller and processor (Julie Bradshaw) for Get Set 4 Success Ltd. You can find out more about the GDPR and the UK 2018 Data Protection Act from the ICO (Information Commissioner’s Office – https://ico.org.uk/). Under the GDPR the practitioner needs to make clients and supervisees aware of the following:
Reason for collecting Personal Data/Information
To enable a working record of contact information, I collect relevant personal information from clients for the ongoing work in the therapeutic relationship as well as for cases of emergencies (as further explained below).
A question I am often asked is if I share your Data. I am bound by the BACP Ethical Framework for the Counselling Professions, and also BACP Ethical Framework for the Counselling Professions Supplementary Guidance: Working Online (GPiA 047) and provide confidentiality within these guidelines.
Contents of our sessions are strictly confidential, and will not be disclosed beyond good practice guidelines except in the case of the following:
- As a Member of the British Association for Counselling and Psychotherapy (BACP) I and in accordance with their guidelines I have regular supervision, which is a minimum of 1.5 hours per month. Whilst you may be discussed during the supervision, your identity will remain anonymous. Clinical supervision is in place to ensure that I am working ethically and safely, and to ensure that you receive the best practice. I abide by the BACP Ethical Framework for the Counselling Professions.
- As a counsellor, psychotherapist and life coach, your confidentiality can be broken if there is risk of harm to self or others. Where possible this breach of confidentiality will always be discussed with you in advance. The purpose of this is in assisting your well-being or the safety of others. All counsellors and therapists are legally bound to make disclosures to authorities. If at any point during the counselling/therapy you are in need of emergency, medical, or additional support, I may ask for your consent to contact your GP or other appropriate services.
- Under the GDPR as your counsellor/psychotherapist/life coach I also have a legal requirement to disclose data if you are involved in drug money laundering, planning terrorist’s offences or if a Court Order has been made.
- Regarding online counselling via email, text/message, and webcam, the police and other authorities can ask for access to an individual’s email account or synchronous messaging account where there is suspicion of illegal or terrorist activities. They can also ask counsellors/psychotherapists/therapists for access to stored records. Therefore, in these circumstances any counsellor/psychotherapist is not able to guarantee confidentiality.
How will my store personal data be stored and for how long?
Personal data pertaining to our sessions and work together will be as minimal as is possible and will be stored under a coded client ID and handwritten information will be coded and stored under lock and key. Personal data/records of our sessions will be kept for up to 7 years after our work together has ended. Your personal data will be disposed of by wiping the electronic files and shredding any handwritten information. You can also request (in writing) that this data is destroyed: during our contact, once our work together ends, or at any time thereafter.
Your telephone number will be stored only for contact purposes, until such time as our contact ceases. Then it will be completely deleted.
Under GDPR you have the following rights:
- to request access to your client record and receive an explanation of what is held within it.
- to withdraw consent, to request erasure or correction of your client record, to request portability where it applies in law, and to object to or restrict collection and processing of your data.
- to know the source/s of personal data not originating from yourself, and the right to not receive unsolicited marketing.
- to be made aware of any companies automatic decision making processes (e.g, profiling) and any significance and consequence for yourself.
- to be made aware of any data breaches within 72 hours. You will be compensated for any damage or distress caused by the data breach.
- to complain to the ICO (Information Commissioners Office) if you are unhappy with the data processing arrangements, and to engage representation from a not-for-profit body in doing so.
Under the Counselling & Life Coaching Agreement and Assessment form, you signed consent of the Privacy Statement & Personal Information acknowledges that you fully understand and accept the policy for records held, and also gives your consent to use of personal and sensitive personal data for the stated purposes.
Any working contract shall be construed and governed in all respects in accordance with the laws of England and Wales and any dispute or differences in relation to this agreement shall be subject to the exclusive jurisdiction of the English Courts.
With payment either being made over the phone or by bank transfer it is important please that you take precautions and protect your confidentiality when identifying yourself as the payment sender. Your privacy within BACS is beyond my control.
You will note that for my counselling & life coaching services, Protonmail is used since general email is not considered secure. Protonmail or a similar ‘end to end encrypted’ email provider, offers security. Protonmail can be downloaded free from the Web or in an App and is very easy to install and use. If you choose to email Get Set 4 Success Ltd (for therapy/counselling/life coaching) from an insecure email address you may like to protect your privacy by limiting content.
This Privacy Statement is subject to change as circumstances and the Law demand. As such, please check it periodically from time to time for any updates.