ART THERAPY IN BERKSHIRE
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Expressing feelings through art and play

Privacy and Retention Policy


​Data protection law states that individuals have the right to be informed as to how their personal data is held and used.  This privacy notice explains how data will be collected and used.   

As a private practitioner I act as both:
Data Controller (which means that I plan procedures regarding how data is held according to the new GDPR regulations) and
Data Processor (which means that I collect and store data required within my art therapy practice).

I process data slightly differently when working with children or adults.  Please see below privacy policies for both areas of work.
 
When working with Children
 

Personal information collected could include:

  • Contact details, date of birth
  • Medical history
  • School details and history
  • Therapeutic case notes
  • Family history
  • Characteristics (such as ethnicity, language, & free school meal eligibility)
  • Safeguarding information (including details of professional involvement)
  • Special educational needs (including any support current, past or planned)
  • Attendance (such as sessions attended, number of absences, absence reasons)
  • Behavioural information (including information regarding any behavioural concerns and any relevant support being offered or offered previously)
 
I could hold information received from the local authority, the child’s school or G.P.
​

Why this information is collected 
 
Client information is collected for the following purposes:
  • To establish how best to support the child through clear understanding of the situation.
  • To monitor and report on client progress (emotional well-being and academic attainment).
  • To assess the quality of the services on offer.
  • To protect client welfare through good communication with services involved in the child’s care.
  • To keep children safe (health needs or emergency contact details)
  • To meet the statutory requirements of the Health & Care Professions Council
 
 
Legal basis for using this data
​

Information is collected and shared only when it is lawful to do so. Most commonly that would be when
  • Information is requested to comply with a legal obligation
  • Information is requested to perform an official task in the public interest.
 
Less commonly, the client information may be processed when
  • Permission has been obtained from the client to use the information in a specific way.
  • There is a need to protect the client’s interests (or someone else’s interests).
 
When permission has been given to use client’s personal data, consent can be withdrawn at any time and this will be made clear to the client.
 
 
How client information is collected

Client information will be collected through hand written completion of an assessment form.  Some of this information is requested on a voluntary basis and in order to comply with the data protection legislation, we will inform you whether you are required to provide certain information or if you have a choice.
Information is routinely collected from the child, parent/carers. Other agencies involved with the child such as schools, social services or medical professionals may offer additional information. 
 
 
How data is stored 

Client data is stored in a locked file for the duration of the therapeutic intervention.  Additionally, in accordance with the British Association of Art Therapists guidelines, data will be stored securely for six years after the completion of the therapy or six years after the child's eighteenth birthday.  

Any email correspondence will be sent from a pass word protected email address.
 
 
With whom might the information be shared?
​

Information regarding clients is not routinely shared without consent to do so. Under certain circumstances the law may require such sharing; an example would be when there are safeguarding concerns) https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/592101/Working_Together_to_Safeguard_Children_20170213.pdf.
In such a situations personal information may be shared with:
  • The local authority
  • The client’s school
  • The client’s family
  • Health providers (for example Child and Adolescent Mental Health Services)
  • Police forces, courts or tribunals.
  • Youth support services
Additionally, to ensure good practice, notes will be shared anonymously with a qualified art therapy supervisor. 
​ 

Requesting access to your personal data

Under data protection legislation, individuals have the right to request access to personal information being held in their regard. Parents/Carers can make a request regarding their child’s data where the child is not considered mature enough to understand their rights over their own data (usually under the age of 12), or where the child has provided consent. To make a request for your personal information, contact [email protected]

 
If you make a subject access request, and if I do hold information about your or your child, I will
  • Give a description of the information I hold.
  • Explain why I am holding and processing it and how long I will keep it
  • Explain where the information came from (if  that is not the client or client’s family).
  • Tell you with whom it has been, or will be, shared.
  • Let you know whether any automated decision-making is being applied to the data, and any consequences of this
  • Give you a copy of the information in an intelligible form, if this is seen to be the best course of action
Individuals also have the right for their personal information to be transmitted electronically to another organisation in certain circumstances.
 
You have the right to:
  • Object to processing of personal data that is likely to cause, or is causing, damage or distress
  • Prevent processing for the purpose of direct marketing
  • Object to decisions being taken by automated means
  • In certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed; and
  • A right to seek redress, either through the ICO, or through the courts
 
If you have a concern or complaint about the way I am collecting or using your personal data, you should raise your concern in the first instance by contacting [email protected] or directly to the Information Commissioner’s Office at https://ico.org.uk/concerns/
 
Contact
​

If you would like to discuss anything in this privacy notice, please contact   [email protected]

This policy has been adapted from the Department for Education’s model privacy notice https://www.gov.uk/government/publications/data-protection-and-privacy-privacy-notices
​



When working with Adults
 
Personal information collected could include:

  • Contact details, date of birth
  • Medical history
  • Therapeutic case notes
  • Family history
  • Attendance (such as sessions attended, number of absences, absence reasons)
 
Why this information is collected
 

Client information is collected for the following purposes:
  • To establish how best to offer support by gaining a clear understanding of the client’s situation.
  • To keep the client safe (health needs or emergency contact details)
  • To meet the statutory requirements of the Health & Care Professions Council
 
 
Information is collected and shared only when it is lawful to do so. Most commonly that would be when:
  • Information is requested to comply with a legal obligation
  • Information is requested to perform an official task in the public interest.
 
More commonly, the client information may be processed if and when
  • Permission has been obtained from the client to use the information in a specific way.
 
When permission has been given to use client’s personal data, consent can be withdrawn at any time and this will be made clear to the client.
 
 
How client information is collected

Client information will be collected the through hand written completion of an assessment form.  Some of this information is requested on a voluntary basis, in order to comply with the data protection legislation, we will inform you whether you are required to provide certain information or if you have a choice in this.
Information is routinely collected from the client.
 
 
How data is stored

Client data is held securely for the duration of the therapeutic intervention.  Additionally, in accordance with the British Association of Art Therapists guidelines, data will be stored securely for six years after the completion of the therapy.
Documentation will be stored securely in a locked file.
Any email correspondence will be sent from a pass word protected email address.
 
 
With whom might client information be shared? 
​

Information regarding clients is not routinely shared without consent to do so. Under certain circumstances the law may require such sharing; an example would be when there are safeguarding concerns)
In such situations personal information may be shared with:
  • Health providers (for example GP)
  • The local authority
  • Police forces, courts or tribunals.
Additionally, to ensure good practice, notes will be shared anonymously with a qualified art therapy supervisor.  
​
Requesting access to your personal data

Under data protection legislation, individuals have the right to request access to personal information being held in their regard. To make a request for your personal information, contact [email protected]
 
If you make a subject access request, and if I do hold information about you, I will
  • Give a description of the information I hold.
  • Explain why I am holding and processing it and how long I will keep it
  • Explain where the information came from (if not the client).
  • Tell you with whom it has been, or will be, shared.
  • Let you know whether any automated decision-making is being applied to the data, and any consequences of this
  • Give you a copy of the information in an intelligible form, if this is seen to be the best course of action

Individuals also have the right for their personal information to be transmitted electronically to another organisation in certain circumstances.
 
You have the right to:
  • Object to processing of personal data that is likely to cause, or is causing, damage or distress
  • Prevent processing for the purpose of direct marketing
  • Object to decisions being taken by automated means
  • In certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed; and
  • A right to seek redress, either through the ICO, or through the courts
 
If you have a concern or complaint about the way I am collecting or using your personal data, you should raise your concern in the first instance by contacting [email protected]  or directly to the Information Commissioner’s Office at https://ico.org.uk/concerns/
 
Contact
​

​If you would like to discuss anything in this privacy notice, please contact: [email protected]. This policy has been adapted from the Department for Education’s model privacy notice https://www.gov.uk/government/publications/data-protection-and-privacy-privacy-notices
​
Contact Details
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  • What is Art Therapy?
  • About the Art Therapists
  • Adult work
  • Covid 19
  • Privacy policy
  • Digital Policy
  • Contact Details