Privacy Notice
In order to give you a good service and comply with the requirements of the British Association of Counselling & Psychotherapy (BACP), the professional body whose ethical principles we adhere to, we record certain data. This document outlines what data we collect and why; how we store it and keep it safe; who can access it and how; how it can be corrected or deleted by you and the length of time it is kept. We do this so that we comply with the General Data Protection Regulations (GDPR) and so that you are able to give us informed consent to hold this data.
The GDPR refers to ‘controllers’ and ‘processors’: Counselling Connection holds the roles of both data controller and processor. Counselling Connection also uses third party providers and these fall into the category of data processors – including (but not limited to) our web and email providers; phone company and bank.
The GDPR regulations require us to detail the lawful basis for processing your data which can be either consent based, contractual, legal, vital interest (to protect life), public task or legitimate interest.
How we collect and use data and the lawful basis for processing it
Counselling Connection can be contacted in a variety of ways: via phone (calls, voicemail and text message), email and webforms. Where we are contacted by phone or email, we will consider, by convention, that we may return contact by these means. Likewise, where an enquirer provides us with alternative contact details, we will consider that they are inviting us to use those contact details in good faith. As per the above, this is consistent with the lawful basis of ‘Legitimate Interest’: there is a requirement for us to store information for clients and other enquirers so that we might make reasonable contact with them.
We may be sent requests/information using the contact form on our website. This information may be processed and held by intermediary services (e.g. Google) as well as being sent to our own business email accounts. This is consistent with the lawful basis of ‘Legitimate Interest’ in that an enquirer using a webform to contact us, knows that that information will be transmitted and stored electronically and expects that we will respond to, or otherwise action their communication in a similar way.
When clients first come to Counselling Connection, we ask that a registration form is filled in, giving personal details such as name and address, contact details and the name of GP. (This latter detail is recorded so that we can contact a GP in case of a severe risk to a client’s safety and wellbeing and such is consistent with a ‘Vital Interest’ to protect someone’s life). We also conduct an assessment where we record personal data relating to medical histories, presenting issues and so on. This is a ‘Legitimate Interest’ as it helps ensure safe, ethical and appropriate therapy. It is a professional requirement that we process such data as we may need to refer to it during or after therapy.
We are also ethically bound to keep brief, accurate notes of counselling sessions. Together with signed counselling agreements, these are kept to support a client’s claim for health insurance expenses or in relation to legal proceedings. This is consistent with the lawful basis of ‘Legitimate Interes’t.
From time to time, we also ask clients to complete CORE forms which help us to identify risk and enable us to track the progress clients are making. This is consistent with the lawful basis of Legitimate Interest.
We may use online communication platforms provided by third parties (e.g. Skype) in order to deliver online counselling sessions. This will be by agreement with our client(s). Such use is consistent with the lawful basis of ‘Legitimate Interest’ in that the provision of online counselling requires the collection, use and storage of personal data e.g. the client’s username and IP address.
Likewise, we may use business and personal phone services to deliver telephone counselling, and in any case to collect, use and store personal information (e.g. client names or codes, phone numbers, text messages). Clients and other enquirers should know and accept that by sharing telephone contact information with us, and by using telephones to contact us (including by text message), your personal data will be collected, used and stored. This is consistent with the Lawful Basis of ‘Legitimate Interest’ in that, as counsellors we will need to contact clients at short notice (such as to arrange sessions, handle cancellations etc.) and, that we also make a valid commercial decision to offer a telephone counselling service to those clients who wish to use it.
Where a client wishes to use electronic or online payments, our bank (and any third party intermediary) will collect, use and store personal data e.g. the client’s name and account number. This is consistent with the Lawful Basis of ‘Legitimate Interest’ in that we make a valid commerical decision to offer electronic or online payments. Clients paying by these means should know and accept that such payments require personal information to be collected, used and stored.
How we store your data
We keep registration forms, counselling agreements and counselling notes securely in paper form, under lock and key in locked offices.
On the rare occasion electronic documents are generated, these are password protected.
Who your data may be shared with
Client confidentiality is vitally important to us. We are however professionally bound to take our work to supervision, which may include group sessions with trusted colleagues. Any information we provide in these circumstances will be anonymized in order to protect the confidentiality of our clients. Counsellors share information in this way in order to promote safe, effective, ethical therapy.
In exceptional circumstances, where there is a significant threat to someone’s life, health or wellbeing, we may break confidentiality and refer a case to an appropriate authority. This is done to protect someone’s life and forms the Vital Interest legal basis for processing the data in this way. This is outlined at least in the initial assessment meeting and may be repeated through the duration of the counselling.
Sensitive personal data
It is in the nature of counselling that clients will reveal, and counsellors will process, such sensitive data. Usually this data concerns the client themselves, but it may also concern a third party such as a family member. We shall process sensitive data under a Lawful Basis of ‘Legitimate Interest’ in that the commercial and therapeutic services provided would not be viable without collecting, using and storing such sensitive data. For instance we are ethically bound to conduct appropriate client assessments, which consider clients’ physical or mental health with a view to the safety and appropriateness of any service we may offer. We are also ethically and professionally bound to keep appropriate client notes, which may include details of sensitive data. We will only process a viable minimum of such data.
Retention periods
We reserve the right to preserve data securely in order to exercise or defend legal claims, and to comply with professional counselling standards (the principle that counsellors will keep accurate client notes and retain these for a minimum of six years in order to facilitate professional conduct enquiries, legal proceedings etc).
Data protection rights of clients
Clients whose data we hold have the following rights:
· The right to be informed
· The right of access
· The right to rectification
· The right to erase
· The right to restrict processing
· The right to data portability
· The right to object
· Rights in relation to automated decision making and profiling.
Personal Data Breaches
A personal data breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data. This includes breaches that are the result of both accidental and deliberate causes.
We undertake to record any data breaches we are aware of, and to promptly inform the subject of the data, the Information Commissioner’s Office and other relevant authorities where appropriate.
For more information or any complaints
Please contact Counselling Connection, Counselling Connection, Room A212, Advent House, Station Approach, Victoria, PL26 8LG
Tel: 07376 731028 or info@counsellingconnection.org