Purpose of this notice
This privacy notice sets out my commitment to data protection and confirms your individual rights under the General Data Protection Regulation (GDPR), as applied in the UK under the Data Protection Act 2018.
This notice applies to prospective, current and previous counselling clients.
About the organisation
Chelle Brichard Counselling is registered with the Information Commissioners Office as a data controller.
For any concerns about data protection in relation to this organisation, you may contact Chelle Brichard on:
Telephone: 07539 472359
The information I collect and why?
In order for me to provide counselling services to you I will need to collect and store some personal data. For the purposes of GDPR, this data is categorised as below. Also included here is my reason for processing the data.
- Prospective clients: In order to make contact with you about an enquiry you have made, I will need to hold your name; contact number and/or email address.
- Contracted clients (including assessments): In order to make contact with you about our appointments and to provide a counselling service in a safe and ethical way, I will need to hold your name; contact number; email address; emergency contact details; GP name and practice.
Special category data
- Contracted clients (including assessments):
- As part of my assessment, I may gather data which falls under the term ‘special category data’. For example, mental health conditions and psychiatric medication. This is to help me understand your background and if counselling with me is the right option for you. This information will be recorded in the client assessment form.
- As part of our ongoing work, you may also disclose further information to me which falls under this category such as race, ethnic origin, religion, mental or physical health or sexual orientation. If this data is central to our work I may record it in your client notes. I keep brief clinical notes to enable me to best deliver a service to you and for the purposes of my professional insurance.
The lawful basis for holding this data
- Prospective clients: If you have enquired about my services I will hold your personal information for a limited period of time in readiness for us undertaking a counselling agreement. The basis for holding this data is:
- Personal data – legitimate interest
- Contracted clients (including assessments):
- If we have had an initial assessment, I will hold your personal information for a limited period of time in readiness for us entering into a counselling agreement.
- If I have a counselling agreement with you, I will need to store some personal information in order to provide those services in a professional and ethical manner.
- The basis for holding this data is:
- Personal data – contract
- Special category data – individual health
How I store your data
- I store your contact details, assessment form and case notes in a locked file box which only I have access to.
- I store details of our appointments in my paper calendar but only using your client number.
- Communications sent between us via email or text message are deleted immediately. Any pertinent information I need to record from these is added to your case notes or contact form.
- I store your phone number in my mobile phone listed under your client reference rather than name. My mobile is protected with a pin and encrypted by standard apple software.
- For accounting purposes, your client reference is stored in my secure accounting system.
How long I retain your data
- If I have collected your data as part of an enquiry, I will retain this for a period of 3 months. If we have not agreed to work together in that time I will delete all data. You have the right to request the erasure of this data at any time prior to that.
- If our counselling contract is active – I will retain all of your personal details for the duration of our work together and for a period of 3 months afterwards in case of any follow-up queries.
- If we have undertaken an assessment session but not progressed to a counselling contract, or we have completed our counselling contract – I am required by my professional insurance to retain your name and notes for a period of 7 years after our work has ended. However, I will delete your email address, contact number, emergency contact and GP details at the end of our contracted period.
How I might share your data
- I am required by the British Association of Counselling and Psychotherapy to have a professional supervisor who I discuss my work with. This ensures I am working to appropriate ethical and professional standards. My supervisor is bound by confidentiality rules. I do not disclose personally identifiable details about clients such as full name or contact numbers, all discussions about you are anonymised.
- I am required by the British Association of Counselling and Psychotherapy to hold a clinical will. This will only be enacted in case of my death or incapacitation. In these circumstances, the named executors will have access to my client’s personal details in order for them to communicate the situation to active clients. Depending on the circumstances they may also close down my practice and securely dispose of any client personal data as appropriate.
- If I believe you or another person is at serious risk of harm, I will need to break confidentiality by informing the appropriate authority or GP. Wherever possible I would aim to discuss this with you first.
- If I am concerned about the safeguarding of a child or vulnerable adult, I will need to break confidentiality by informing the appropriate authority. Wherever possible I would aim to discuss this with you first.
- If I suspect an offence may have been committed under the Terrorism Act or Drug Trafficking Act, I am required by law to break confidentiality without your knowledge.
- If I am called as a witness by a police investigation or I receive a court-ordered subpoena, I am required by law to answer such questions.
- If a complaint were made against me, I may be required to share details of my work with that particular client with the British Association of Counselling and Psychotherapy, my professional insurance company and my legal representation.
- In consideration of COVID-19, if I am required by the NHS Test and Trace service to provide details of people I have had recent face-to-face contact with, I will need to supply your name and contact number but I will not divulge any information on the capacity in which I have seen you or any personal details about our therapeutic work.
Third parties used
I use the following third parties to support the running of my business. All organisations are compliant with data protection and have appropriate privacy notices in place. They will never be able to access notes about our sessions.
- Equilutions – Book-Keeping Services
- QuickBooks Accountancy Software
- Zoom Videoconferencing (for remote sessions only)
- Office 365
Your individual rights
The GDPR provides you with the following rights about your personal data:
- To be informed – I will provide this privacy notice to all clients and prospective clients where I hold their data.
- Access – You are entitled to request a copy of all personal data I hold about you.
- Rectification – You are entitled to request that I correct any personal data which you believe may be incorrect or incomplete.
- Erasure – In some circumstances you are entitled to ask me to delete your personal data. For prospective clients, you may ask me to do this at any time. For clients who I have undertaken an assessment with or contracted with, I may be able to delete some contact information, but I must as a minimum hold your name and case notes in order to meet the requirements of my professional insurance.
- Object – for prospective clients where we have not yet entered into an agreement, you may object to me holding your personal data at any time.
Complaints about personal data usage
If you are unhappy with how I am processing your data and we have not been able to resolve this between us, you have the right to complain to the Information Commissioner’s Office. Further information can be found at https://ico.org.uk/make-a-complaint/ or by calling 0303 123 1113.