Our contact details

Name: Dr Maria Mullan

Address: Maria Mullan / Dr Maria Mullan Psychology Services
Unit 118723, PO Box 4336, Manchester, M61 0BW

Introduction

I am responsible for protecting your privacy and any personal information you may share with me when we work together. Under GDPR I would be a “data controller”. This means I am responsible for taking measures to ensure your data is safe. This extends to data policies, including how long your data is retained and who, if anyone, I may share it with.

This notice explains the kinds of personal data I may collect about you and that are necessary for us to work effectively together. It also explains how I store and handle the data and how I keep it safe.

Terms used in this Privacy Policy

“Personal data” is information that identifies you, such as your name and date of birth. This extends to information about your reported problems and progress in therapy and will include any notes I make about our sessions.

“Processing” your data includes various activities using your data. These may include collecting, recording, organising, using, disclosing, storing and deleting it.

A “condition for processing data” is the justification for processing the information. For example, I will ask for your informed consent to process your data in order to deliver psychological therapy.

The law requires me to:

· To process your data in a lawful, fair and transparent way. I agree to be clear about what data I am processing and why.

· To only collect your data for explicit and legitimate purposes. I can only collect your data that is with reference to your therapy.

· To only collect data that is relevant, and limited to the purpose(s) I have told you about. I will not record any data that isn’t directly relevant to your reported difficulties

· To ensure that your data is accurate and up to date. I may check with you from time to time to ensure this.

· To ensure that your data is only kept as long as necessary for the purpose(s) I have told you about. I abide by strict policies on how long I will retain your information, after which it will be securely destroyed.

· To ensure that appropriate security measures are used to protect your data. I have a secure system for recording your data and continue to update my systems and procedures to ensure your data is protected.

Accountability Statement

As per the Accountability Principle as detailed in the GDPR Article 5(2)

I regularly review my data protection policies and procedures, in order to comply with law. My intended processing of your data is both clearly explained, necessary and transparent. Where I rely on Explicit Consent, I ensure it is gathered in accordance with the law. When I rely on other conditions, I consider the rights of others before I proceed.

I assess the risks I may, from time to time, create when processing data, to ensure I uphold the Rights and Freedoms of every individual. This is especially true when I process data in a new way.

I keep extensive records of my data processing. For example, Activity and Incident logs measure my compliance and help me to identify any weaknesses in my procedures. I actively consider the opinion and advice of others both here, in the EU and beyond. I monitor case law and the guidance of the Information Commissioner’s Office (ICO) and the European Data Protection Board (EDPB).

To ensure protection of personal data, I constantly review my security measures, both technical and physical and have instigated appropriate safeguards. This includes regularly training where required. Access to data is based on the ‘Least Privileged’ principle (POLP)*.

I am the ’Accountable person’ for processing activities.’ I am registered with the ICO as a data controller and have a clear data breach reporting procedure.

Conditions for processing your data

1. Your Explicit Consent

In most situations, I can collect and process your data with your explicit consent.

I discuss your personal information in supervision with my clinical supervisor who is another psychologist, for the purposes of ensuring that my practice is safe and effective, and as mandated by my professional bodies. I do not reveal your name when I share your information in supervision. My supervisor does not share your personal information with anyone else. If applicable, I will write to your referrer with a summary of your treatment and progress and will always obtain your consent to do so.

If you have not engaged with us for more than seven years, you may be flagged as an inactive individual and Iwill delete your file. If you would like us to keep our information for future reference, then please make this clear to your therapist.

2. We will have some contractual obligations to each other.

When we begin working together, I will ask you to agree to my therapy contract. This is normal practice and lays out what we expect of one another. For example, I promise to give you the support you asked for, in return you promise to promptly pay your fees. By entering into these terms, we enter into a contract together. The legal basis of “Contractual obligation” is not sufficient to allow me to process your sensitive personal data which is why I ask you for your explicit consent.

3. Vital use of data

I may also use your data, typically in an emergency, where this is necessary to protect your life, or someoneelse’s life. In a small number of cases where other lawful bases do not apply, I will process your data on thisbasis and in your best interest.

I do not discuss your personal information with third parties, except for the purposes of supervision. However, if my professional opinion was that there was an immediate and serious risk that you might harm yourself or someone else, then I may have to share your personal information with a third party such as your GP or the emergency services without first obtaining your consent. This might be because it is not practically possible to obtain your consent or because attempting to do so might lead to a delay in accessing help and therefore endanger your life, or that of another.

In situations where I did have to share your personal information with third parties to protect you or another, I will only share your personal information in so far as it is relevant and necessary to protect you or someone else. I will inform you what personal information I shared and to whom.

4. Legal Obligation

It is possible that your personal information may be requested by the Police, a Court of Law, Coroners Office or Professional Body, in which circumstances I would have no option but to comply with the law.

5. Legitimate interest

In certain circumstances, I may require your data to pursue my legitimate interest in a way which mightreasonably be expected as a Clinical Psychologist. When I process data in this way, I will make sure thereisn’t a chance of any impact upon your rights, freedom or interests. I will never use my Legitimate Interest to process your sensitive data such as your case notes relating to your mental health.

6. Your safety and that of others

On rare occasions I may process your data without your consent. For example, when I believe you, or third party may be at risk. These conditions relate to the processing of special category data and are detailed in the Data Protection Act 2018. The law states that for me to do so, I must have an Appropriate Policy Document in support of the processing. When data is processed in this way some of your rights may not apply. If you are at all concerned about this, please let me know.

Special category data

I collect information about your current and previous psychological and physical health, and where relevant sexual health, and your current and previous social and family circumstances during your appointments. I will also collect information about you when you voluntarily complete questionnaires. This sensitive personal information is defined as “Special Category Data” and I collect it because I am providing psychological assessment or treatment to you. "Special categories" of particularly sensitive personal data require higherlevels of protection. I need to have clear justification for collecting, storing and using this type of personal data. I aim to collect and process only the special category data relevant to your mental health.

How I might collect your data:

I collect your data in different ways that may include, but are not limited to:

· When you write to me about any subject by any means;

· When you enquire about my services but do not engage;

· When you attend an appointment;

· When you complete questionnaires;

· When you access or engage with our website.

I collect personal data in order to deliver my services. The data collected is most likely in electronic format but can also be in paper form

For your security, I use all appropriate organisational and technical security controls to safeguard your data.

Your data protection rights

You have important rights detailed in the GDPR and the Data Protection Act 2018, here’s a brief explanation of them.

Right to Object

You have the right to object to my processing or use of your personal information. However, in some cases I am bound by law to process your data. If you have given consent for me to collect and process your personaldata, you have the right to change your mind at any time and to withdraw that consent. However, please remember that if you withdraw your consent, because of the nature of my services, I will not be able to continue supporting you.

Right to a copy of your information and a chance to correct inaccuracies

You have the right to request a copy of any information about you that I may hold at any time to check whetherit is accurate. To ask for that information, please contact me in the normal way. To protect the confidentiality ofyour information and the interests we will ask you to verify your identity before proceeding with any request forinformation. If you have authorised a third party to submit a request on your behalf, we will ask them to provethey have your permission to request such information.

Right to be forgotten

You have the right to ask me to forget you from my records. I will uphold this right unless there is a legal obligation such as a contractual agreement or it is in my legitimate interest to keep your data.

Right to be informed

You have a right to be informed, to know what I am doing with your data and why. I promise to publish privacy notices wherever they may be required to clearly explain our reasons.

Right to restriction

You have the right to ask me to stop processing your data for a number of different reasons. For example, it might be because you think the data I hold about you is incorrect or you think I am doing something wrong. Please contact me for further details.

Your right of portability

If I hold information about you and you want me to ‘port’ it or send it to another organisation that does similar work to me, or provides a similar service, you can ask me to do this. This service will be free of charge and we will endeavour to provide this service without undue delay.

You are not required to pay any charge for exercising your rights. If you make a request, we have one month to respond to you.

Please contact us at drmariamullan@gmail.com if you wish to make a request.

Data retention and how long I may keep information

Whenever I collect or process your personal data, I will only keep it for as long as is necessary for the purposefor which it was collected. I keep your personal information and the record of our work together for seven years. After this period of time, your record will be erased.

How to complain

If you have any concerns about our use of your personal information, you can make a complaint to us at drmariamullan@gmail.com / Dr Maria Mullan Psychology Services, Unit 118723, PO Box 4336, Manchester, M61 0BW

You can also complain to the ICO if you are unhappy with how we have used your data.

The ICO’s address:

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Helpline number: 0303 123 1113

ICO website: https://www.ico.org.uk