Westoaks Counselling      Dec 2022 (v.02)
Trevor Burgess BSc LLB FdSc MBACP
Counsellor and Online therapist, Westoaks, Stone Meadow, Stone, Kidderminster, DY10 4BH

Privacy statement
Should you need this document in an alternative format please ask.
Under the General Data Protection Regulation (GDPR) 2018, I am required by law to inform you about what personal information (data) I collect and hold about you, why I collect this information, how I process and keep safe that data, how long it is stored for, and your rights are concerning it.

Introduction
Trevor Burgess trading as Westoaks Counselling (“we”, “our”, “us”) is committed to processing data in accordance with our obligations under the General Data Protection Regulations (GDPR) and other relevant UK data protection legislation, and in line with the ethical code of practice of the British Association of Counsellors and Psychotherapists (BACP). This privacy statement explains why and how we handle personal data in relation to individuals (“you”, “your”) that use our services and explains how you can exercise your rights under the GDPR legislation. This policy may be reviewed and updated from time to time, please ensure you check you're acquainted with he most recent version which is published on our website regularly.

The data we process
We have a legitimate interest in processing personal data to provide counselling and associated services to you, to carry out our activities and to manage our relationship with you, and to maintain contact with you. In doing so we need to process the following categories of data:
• Biographical, e.g., Name, Date of Birth, Physical Description, Photos, etc.
• Contact, e.g., Address, email, and telephone number, etc.
• Activity related, e.g., Your job, Pastimes, Interests, etc.
• Your GPs and other healthcare professionals’ details.
• Third parties, that you have consented us to liaising with.
Special Category Data
• Relating to your health, e.g., diagnosis, medications, disabilities, reason for seeking help, past and present support, notes written by counsellors, etc.
• About your personal circumstances, racial and ethnic origins, religious or similar beliefs, etc.

The lawful basis for processing that data
There are several and include,
• Compliance with legal obligations, namely the Equality Act 2010 (former Disability Discrimination Act).
• Compliance with legislation and record keeping in regards to your payments to us.
• Performance of our task, to provide counselling services and to ensure reasonable adjustments are made where appropriate to facilitate that service delivery.
• Where you have provided explicit consent (can be withdrawn) to process that data.
• Where it may be necessary to protect your or another person’s vital interests.
• To provide a system of health and care services.
• To comply with the rules of national competency bodies, in this case the BACP (British Association of Counsellors and Psychotherapists.
• Processing of special category data as necessary for the provision of confidential counselling, advice, or support, etc.

We get our date from
To access our services, you will need to complete registration forms, and will be asked to provide personal information. Additional data will be acquired through your contact with our service, including the creation of session and other notes and records. On occasions other bodies or individuals will provide us with data, e.g., your GP should they be referring you to our service.
Information may be shared with other individuals and bodies, with your explicit consent to ensure the continuity of safe and qualitative care and treatment for you. Data may also be shared by us without your consent but only when we deem It essential to do so in an emergency (vital interests of you or another individual), for example where you are incapable of providing consent, or if there is a lawful basis to do so.

How and why personal data is used
To enable you to continue to access the service we provide, we process your data to,
• Record you on our systems and to make assessments.
• Manage your appointments with our service.
• To create a record of counselling sessions, there progress and outcomes.
• To prepare reports for other people and bodies as requested by yourself.
• To prepare anonymous quantitative reports, from the data we hold, to enable monitoring of our service, it’s effectiveness and to promote that service, al such data being anonymized.

How we keep data secure
We comply with the code of ethics of the BACP (British Association of Counsellors and Psychotherapists.
Access to personal and sensitive data, including your session records, is limited to those who ‘need to know’, for the effective management of our service, the safeguarding of yourself and others.

Accessing your records
• To confirm appointment times and dates please email or text our published contact details.
• To read you counselling and health records please send a request to your counsellor or clinical lead at our published contact details.
• To obtain a copy of your counselling or mental health notes you will need to make a Data Subject Access Request to Trevor Burgess, Westoaks Counselling, address as published. It should be clearly headed ‘Data Subject Access Request’.
Sharing Data with third parties
We may share your data, with your consent, with other individuals or bodies outside of our service, such as, your GP, relevant medical practitioners, or any parties that you name.
What you tell us, and your data will remain confidential within our team. However, there are rare exceptional circumstances where such information and data may be shared, e.g., when obtaining your consent is not possible and we consider it in your, or other individuals, vital interest as permitted under GDPR and where it is considered necessary by trained healthcare professionals.
We may also be required to share information where there is a legal compulsion to do so. Such sharing will only be after consideration of your rights and interests by our data controller. Such situations may include, when your or someone else’s life is in danger, events of active or historic child abuse, a serious crime, active terrorism, this list is not exhaustive. If this is necessary your therapist will try to contact you, if law allows, to discuss how this may happen.

How long data is kept
Data is kept for as long as required to fulfil the purpose for which it is held and to satisfy any legal requirements. This, in effect, will be seven years after your last contact with the service.

Your rights under GDPR
This legislation provides several rights in respect to your data and information. Each will apply to differing degrees dependent upon the nature of the data processing and the legal basis for holding such data. You have the right,
• To be informed as to how we use your data (this policy).
• Request access (a copy) of your personal information we hold.
• Correct any inaccuracies or incomplete data.
• Request we stop sending you direct marketing communications.
You may also have the right to,
• Ask to have certain data erases by us.
• Restrict certain processing of your personal data.
• Request that any data we hold that you provided electronically be returned to you or sent to a third party as a data file.
• Object to certain processing of your personal data by us.

Data Protection Officer contact details
Our data protection officer (DPO) is Mr. Trevor Burgess. To exercise any of your rights, including to request copies of your counselling notes, or to raise a concern regarding your data or our processing of it, please contact the DPO on our normal published email or postal addresses or info.cllr@westoaks.org.uk or Westoaks, Stone Meadow, Kidderminster, Worcs. DY10 4BH.

Information commissioners contact details
If you are not happy with how we process your data, or with a response to a complaint you have made to us, you have the right to complain to the ICO via Telephone: 0303 123 1113 (local rate) or 01625 545 745, via email: casework@ico.org.uk or for more information see the Information Commissioner’s web site, ico.org.uk.

Copyright: Trevor Burgess. All rights reserved.
Westoaks, Stone Meadow, DY10 4BH.