1.2. Summarise legislation and policy in relation to the use of technology in health and social care

This guide will help you answer 1.2. Summarise legislation and policy in relation to the use of technology in health and social care.

The use of technology in health and social care is guided by several pieces of legislation and policies in the UK. These laws and guidelines exist to protect individuals, ensure ethical use of technology, and uphold the quality of care. Understanding these frameworks is essential for health and social care workers to deliver safe and lawful services.

Data Protection Act 2018

The Data Protection Act 2018 governs how personal data is collected, used, and stored. It aligns with the General Data Protection Regulation (GDPR), which gives individuals greater control over their information.

Key principles of the Data Protection Act include:

• Personal data must be processed lawfully, fairly, and transparently.
• Data should be collected only for clear, specific purposes.
• The data collected should be limited to what is necessary.
• Data must be kept accurate and up to date.
• It should not be stored for longer than necessary.
• Data must be secured against unauthorised access or loss.

For health and social care, this applies to patient records, care plans, and other sensitive information. Organisations must use secure technology such as encryption and firewalls to protect digital records. Breaching the act can lead to fines or reputational damage for both the worker and the organisation.

Health and Social Care Act 2012

The Health and Social Care Act 2012 set out a framework for improving the quality and integration of care through reforms. This legislation encourages the use of technology to create more efficient care systems.

Section 250 of the act focuses on digital health records. It states that all providers delivering NHS services must use electronic systems that meet a set of approved standards. By doing so, information can be seamlessly shared between care professionals with the individual’s consent, improving care quality.

Workers must ensure accurate input and secure management of digital records. Misuse or incorrect handling of data can compromise care quality and create risks.

Freedom of Information Act 2000

The Freedom of Information Act 2000 allows the public to request access to information held by public authorities, including those in health and social care. Requests might include policies, decision-making details, or spending information.

This act does not override data protection laws, so personal information about patients or service users cannot be shared. Technology is often used to handle and store such requests efficiently. Workers may need to ensure that requests are processed using secure systems in compliance with both laws.

Equality Act 2010

The Equality Act 2010 protects individuals from discrimination and promotes inclusivity. It is particularly relevant when using technology to deliver care.

Care providers must ensure that technology does not exclude people based on age, disability, or other protected characteristics. Examples include:

• Providing accessible digital platforms for users with visual or hearing impairments.
• Ensuring older adults who may struggle with advanced technologies can still access care.

Failure to comply could result in complaints or legal action under the act.

Assistive Technology Policy

Assistive technology (AT) helps people with disabilities or health issues live independently. This includes devices like medication reminders, voice-activated home systems, and screen readers.

The UK government promotes the use of AT to enhance individual well-being. Workers need to:

• Assess individuals’ technology needs.
• Provide or recommend suitable devices.
• Train individuals on how to use the tools effectively.

Policies often emphasise the importance of AT but stress that training and ongoing support are key to successful outcomes.

Care Act 2014

The Care Act 2014 provides a legal foundation for adult social care. Technology plays an important role in fulfilling the principles of this act, including prevention and personalised care.

Technology can be integrated into areas such as:

• Monitoring individuals remotely to prevent emergencies (e.g., fall detectors).
• Sharing records electronically to coordinate between healthcare providers.
• Supporting carers with mobile applications to track daily tasks.

Workers should gain consent before implementing or using monitoring tools, respecting users’ rights and decisions.

NHS Information Governance Policy

Information Governance (IG) ensures that NHS organisations and staff handle information securely. The NHS IG Policy sets out how patient records and other data must be stored and accessed.

Key guidelines include:

• Only accessing information you need to perform your duties.
• Logging out of devices after use.
• Reporting suspicious activity or breaches immediately.

When using technology to process patient data, keeping information safe is the worker’s responsibility.

Cyber Security Guidance

Cyber security guidance helps protect health and social care systems from threats like hacking or data breaches. The National Cyber Security Centre (NCSC) provides advice on securing technology used in healthcare.

Workers should follow common cyber security practices, including:

• Using strong passwords.
• Installing software updates promptly.
• Avoiding phishing links or unsecured networks.

Organisations may provide training to support workers in recognising and preventing cyber threats. Preventing breaches protects both service users and the care provider’s reputation.

Children’s Act 1989 and 2004

These acts ensure the welfare and protection of children. Technology supports child safeguarding by aiding monitoring and reporting processes. Electronic databases like the Child Protection–Information Sharing (CP-IS) system enable professionals to share concerns efficiently.

When using such systems, workers need to comply with strict confidentiality and data protection guidelines. They must only access or share information if it directly relates to a child’s safety or well-being.

Mental Capacity Act 2005

The Mental Capacity Act 2005 protects individuals who may lack the ability to make certain decisions. This law applies to the use of technology, especially within assistive technology systems.

Key points include:

• Workers must involve individuals in decision-making as far as possible.
• Assessments about capacity should be time-specific and focus-specific.
• Decisions made on behalf of someone must be in their best interests.

If technology is being introduced, workers should consider whether the person understands its purpose and can make an informed choice. Consent is required unless it is determined the individual lacks capacity, in which case other legal processes apply.

Other Considerations

Using technology brings benefits but also ethical challenges. Workers need to balance efficiency and care quality with privacy and fairness.

Examples include:

• Ensuring automated systems don’t reduce personal interactions.
• Preventing technology from creating barriers for those less confident in using it.
• Protecting vulnerable groups from technological misuse or exploitation.

Regular training in ethical practices helps workers stay informed and act responsibly.

Conclusion

Legislation and policies guide every aspect of technology in health and social care. When this guidance is followed, technology can support high-quality, secure, and inclusive services. Understanding and complying with laws such as the Data Protection Act, Freedom of Information Act, Equality Act, and Care Act helps workers achieve this goal. By staying informed and acting responsibly, workers protect individuals while maximising technology’s benefits.