PRIVACY POLICY

Version 1 December 2018  

Privacy policy 

This site is owned and operated by Claire Stanley, working as Five Mile Therapy. Your privacy and confidentiality is important and this privacy statement is intended to give you information about the type of information I gather about users, and to ensure you can understand the terms and conditions surrounding the capture and use of that information.  

 

The data controller and processor is Claire Stanley, registered with the Data Protection Commissioner,  registration number 61893 operating as Five Mile Therapy. 

 

This document and associated processes are under regular review to ensure I comply with the relevant legislation. I have the right to make changes to this privacy policy so it is recommended that you revisit this page from time to time to ensure you are aware of updates and amendments. 

 

If you have any queries regarding the information provided here, please telephone 07700 80 6464 or email fivemiletherapy@gmail.com

 

Data gathered 

The Data Protection (Jersey) Law 2018 gives us specific rights in relation to our personal information and places certain obligations and responsibilities upon me when collecting and processing your information and data.  

It is a requirement of the law in Jersey that I provide you with accurate and up to date information about the data collected about you and how it will be used. If, after reading this policy, you have further queries about the collection, use and storage of your data, please contact me by emailing fivemiletherapy@gmail.com

Your personal and sensitive data is collected and used in order for me to contact you and to decide if it is appropriate to proceed and enter into a therapeutic contract to work together. 

 

If a therapeutic contract is agreed, your personal and sensitive data and information will be used to make the most appropriate decisions with you about our work together. 

 

Personal information is collected from you: 

  • in our therapy sessions together. This will include your name, email address and contact phone number. This information is used to contact you regarding appointments or to respond to specific queries you may raise. I do not use it for any other purpose. 

 

Due to the nature of the business, I will also collect data which is considered to be sensitive and may include: 

  • Information about your physical and mental health, details about previous treatment and care you have received. Other personal information may also be collected if relevant. This enables the most appropriate and informed decisions to be made with you about the counselling you receive. 

 

I may also receive your personal information indirectly following a referral on your behalf for counselling, for example from your GP or other health care providers or organisations you are involved with.  

 

It is assumed if sensitive data is provided to me on your behalf by a third party, for example a GP or other healthcare provider, that they have sought your consent to provide your data and sensitive information.  Claire Stanley will not be held responsible in any way for issues arising from failure of another party to obtain your consent prior to sharing your information with me. 

 

Personal information may also be used to report and investigate complaints, claims and untoward incidents if they arise and to report information to the appropriate authorities if required to do so by law. 

 

All efforts will be made to protect and preserve your confidentiality, unless there is a legal basis that permits your data to be used and shared. In such circumstances, only the minimum information necessary to the circumstances will be used and shared. 

File notes 

I keep brief factual notes of our work together to help me work effectively with you from session to session. These notes are kept securely in password-protected files. Any paper notes are kept locked in a secure cabinet. 

Information sharing 

I do not share any information/data with any third party other than when required to do so by law. These are specific instances such as if you tell me about an act of terrorism or an act of money laundering.  

 

I may also break confidentiality if you tell me you are an immediate danger to yourself or to someone else, for example children or vulnerable adults. Where possible your consent would be requested prior to making a disclosure, however in such instances it is not always possible to obtain prior consent. 

In some instances, it may be necessary and in your best interests, to share your data with other healthcare professionals and organisations in order to support your needs, for example GP and or secondary care mental health services. In such circumstances, the minimum relevant data will be shared to meet this purpose and you will be informed of this possibility. 

 

It is important to note that in such cases it is possible that sensitive information from your session notes, kept in accordance with registered professional body guidelines, may be made available to relevant services. Claire Stanley will endeavour, where the law permits, to keep you informed of any requests made for information sharing. 

 
In addition, there may be rare occasions when I may be required to share your data and information due to a legal requirement, for example if there is an overriding public interest to prevent abuse or serious harm, or, in the event of being issued with a court order etc.  

 

Your personal and sensitive data may be discussed in an anonymised way with a senior practitioner if consultation is required during the course of your treatment. This is to ensure you are being provided with appropriate and timely interventions from me.  Such practitioners are bound by the same codes of ethics and conduct of the profession, in addition to the relevant data protection legislation. 

 

Finally, if I became suddenly unable to work or died a named colleague, acting as private practice executor, will be provided with a notebook from a secure storage containing the names and contact details of current clients. This is to enable you to be informed of the situation and discuss with you your treatment options from that point onwards to maintain your well-being. 

Information holding 
 
If we decide not to enter a therapeutic contract together, I will securely destroy paper files and delete and/or ‘put beyond use’ (not retrieved or used) any electronic information you have given me or that I have on record about you within ten working days of the decision not to proceed. 

If you decide to enter a therapeutic contract, your personal and sensitive data and information will be kept for a period of six years after treatment is completed.  

In the event that a client is below the age of 18 years, records will be kept for a period of six years after the date of the 18th birthday, or at six years after treatment is completed, whichever is the longest. 

 After six years I will securely destroy paper files and delete and/or ‘put beyond use’ (not retrieved or used) any electronic information you have given me or that I have on record about you. If you have any questions or require clarification, please contact me at fivemiletherapy@gmail.com

Financial data when paying online 

 

Financial transactions relating to Claire Stanley’s website (Five Mile Therapy) and services are handled by Paypal. Transaction data with Paypal will be shared only for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. Information about the payment services providers’ privacy policies and practices can be found at: https://www.paypal.com/en/webapps/mpp/ua/privacy-full 

 

 

Your rights 

 

Under the new Data Protection (Jersey) Law 2018, your rights regarding the information held about you have been improved, however there are exceptions and exemptions with some of the rights which you can read more about at https://thinkgdpr.org or ico.org.uk 

Some of your rights include: 

  • The right to request access to the data held about you. 

  • The right to request that any inaccurate information held about you be updated and amended and this should be completed within one month. Please note this is not an absolute right. 

  • The right to have your data erased applies in certain circumstances. Please note, this is not applicable where there is a lawful reason for your data to be maintained. For example, my right to retain data for the agreed period in the event of making a defensive case against complaints. 

  • In certain circumstances you have the right to request the restriction of the processing of your personal data. 

  • The right to data portability, for example transferring your information to another provider, applies only to data you as an individual have supplied to me as a data controller. 

  • The right, in certain circumstances, to object to your personal data being processed. 

  • The right to withdraw your consent for the sharing of your information, however there are exceptions to this right. I will always seek to obtain your consent if it is the intention to share your data and information beyond the purpose outlined in the information sharing section above.  

  • In the course of counselling, consent is revisited periodically. It is likely that you will be asked to provide both verbal and written consent and that in certain circumstances you will be given the option to refuse or withdraw your consent and the possible consequences of such action will be explained to you by me.  

  • If you have any questions or concerns about how your data has been used by Claire Stanley, please email me at fivemiletherapy@gmail.com

 

If you are dissatisfied with how your concerns are addressed in relation to your data you can contact the Office of the Information Commissioner. 

Office of the Information Commissioner 
Brunel House 
Old Street 
St Helier 
Jersey 
JE2 3RG 

Email: enquiries@oicjersey.org 
Telephone:  01534 716530 

 

Relevant Legislation 

The Data Protection (Jersey) Law 2018 and the Data Protection Authority (Jersey) Law 2018, have been enforced to provide us with the equivalent protection to the European Union’s General Data Protection Regulation (GDPR) and Law Enforcement Directive.