In the UK, counsellors and psychotherapists must adhere to strict data storage requirements to ensure confidentiality, security, and compliance with the law. This privacy policy explains how I do this.
The primary legal and professional frameworks include the General Data Protection Regulation (UK GDPR), the Data Protection Act 2018, and relevant codes of conduct from professional bodies such as the British Association for Counselling and Psychotherapy (BACP) and the UK Council for Psychotherapy (UKCP).
This provides an overview of the requirements:
1. Data Security
- Physical Data: Paper records must be stored in locked filing cabinets or rooms with restricted access.
- Digital Data: Electronic records must be stored on secure, encrypted systems. Use of software or hardware encryption (e.g., AES-256 encryption) to safeguard sensitive client data.
- Access Controls: Implementation of role-based access and strong password protections. Ensure only authorised individuals can access sensitive data.
2. Data Retention
- Retention Period: Typically, psychotherapists are advised to retain client records for at least 7 years after the last session (or until the client turns 25 for child clients), unless otherwise specified by their insurer or regulatory body.
- Deletion: After the retention period, data must be securely destroyed. For digital files, use of certified deletion software or methods; for paper records, use shredding.
3. Confidentiality
- Ensure that client information is only accessible to the therapist and other authorised personnel, except where disclosure is required by law (e.g., safeguarding concerns).
4. Data Sharing and Consent
- Obtain explicit, informed consent before sharing client data (e.g., for supervision or referral purposes).
- Clearly explain the privacy policy, including data collection, storage, and sharing practices.
5. Data Processing
- Basis for Processing: Establish a lawful basis for processing personal data, often "legitimate interests" or "consent."
- Maintain detailed records of data processing activities as part of compliance with GDPR Article 30.
6. Data Breach Protocol
- Have a plan to identify, report, and address data breaches. Breaches involving personal data must be reported to the Information Commissioner’s Office (ICO) within 72 hours if there’s a risk to individuals.
7. Registration and Oversight
- Register with the ICO as a data controller or processor and pay the annual fee, which varies based on the size and nature of your practice.
8. Backup and Disaster Recovery
- Regularly back up electronic records using secure and encrypted methods.
- Ensure offsite or cloud backups comply with UK GDPR and are stored on UK/EU servers or equivalent jurisdictions with adequate data protection laws.
9. Record-Keeping Practices
- Anonymisation: If feasible, anonymise sensitive data where full identification is unnecessary.
- Documentation: Keep detailed notes about sessions but avoid recording unnecessary personal details.
10. Supervisory Compliance
Adherence to professional body guidelines (e.g. BACP) is crucial as they may impose additional standards beyond GDPR.
By following these principles, psychotherapists can ensure that their data management practices are legally compliant and ethically sound.