The lawful bases for processing personal information

The lawful basis for processing personal information depends on the type of information that we process.

Some of the personal information we process is on the basis of ‘legitimate interests’ under Section 6 of the GDPR. When dealing with a new referral, we need to determine the appropriateness of the referral and determine the initial plan for assessment. When working with a child on our caseload, we need to process personal information to adequately and effectively deliver our speech and language therapy service to you and your child. We therefore have a legitimate interest in processing this personal information. Some information is also processed to monitor the quality and effectiveness of the service provided by South Coast SLT, and is therefore processed under this legitimate interest.

Some of the personal information we process is on the basis of ‘contract’ under Section 6 of the GDPR, such as processing of contact information. The processing of this information is necessary for the contract we have with you as a client, or because you have asked us to take specific steps before entering into a contract (e.g. when making or discussing a referral or initial enquiry).

Some of the personal information we process is on the basis of ‘consent’ under Section 6 of the GDPR. This lawful basis applies when you have given us clear consent to process personal information data for a specific purpose.

Finally, some of the personal information we process is on the basis of a ‘legal obligation’ under Section 6 of the GDPR. This lawful basis applies to information processed for financial reasons, where South Coast SLT is under a legal obligation to process and retain financial information for tax purposes.

As South Coast SLT provides a health care service, some information collected and processed is classified as ‘Special Category Data’ under Section 9 of the GDPR. This personal information is processed for ‘health care purposes’. The regulations specify that health professionals who are 'legally bound to professional secrecy' may have a lawful basis for processing this data. Speech and Language Therapists are legally bound to keep client information confidential and it is under this condition that we process and store personal information.

In addition to adhering to data protection law, it is also a legal requirement for all Speech and Language Therapists to be registered with the Health and Care Professions Council (HCPC). The HCPC has clear standards of conduct, performance and ethics that all registrants must adhere to, including relating to processing and sharing information:

Standard 2: Communicate appropriately and effectively

"You must share relevant information, where appropriate, with colleagues involved in the care, treatment or other services provided to a service user."

Standard 10: Keep records of your work

"You must keep full, clear, and accurate records for everyone you care for, treat, or provide other services to. You must complete all records promptly and as soon as possible after providing care, treatment or other services. You must keep records secure by protecting them from loss, damage or inappropriate access."