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In accordance with the decision of the Parliament:
The purpose of this law is to implement uniform procedures for dealing with social care clients and thus contribute to the proper performance of social care tasks.
This law provides for the recording of customer information and related obligations in social services.
This law is applicable in the Social Welfare Data Act (523/1999) , both in public and in private social services.
In addition, the processing of customer data is governed by the law on the electronic processing of customer information in social and health care (159/2007) (hereinafter ' the Customer information law , the Act on the Status and Rights of the Customer (12/2000) (hereinafter ' the Customer law , the Act on Public Access to the Authorities (18/09/1999) (hereinafter ' the Public law , administrative law (2003) , the Personal Data Act, the Law on E-Commerce, (2003) , on strong electronic identification and electronic signatures (19/2009) , the Population Information System and the Law on the Certification Service of the Population Registry (12/2009) , the Archives (181/1994) And the legal status and rights of the patient (1999) .
For the purposes of this law:
(1) Social services Social welfare law (1301/2014) Social security referred to in Article 1;
(2) Social services Social services referred to in Articles 14, 28 and 29 of the Social Welfare Act;
(3) The service provider The authority responsible for the provision of social care or social services, or the Law on Private Social Services, (2011) Of the service provider;
(4) On a service mission The role of social services in the implementation of customer information;
(5) Customer The person seeking or using the social service, irrespective of the person concerned;
(6) Customer information Any personal data obtained in relation to a customer relationship that is or is required to be recorded in the customer document of the social security system;
(7) By client document A document, within the meaning of Article 5 (1) and (2) of the Public Health Act, which includes customer or other personal data relating to a client or private person, as referred to in Article 5 (1) and (2);
(8) Recording, Particulars to be made on the document;
(9) Social welfare records, The social care reporting register and the customer register of social services;
(10) The service provider A service provider with:
(a) as a public authority, the obligation to provide him with the service or benefit of a social service covered by the law or decision of the authority; or
(b) as a private service provider, the obligation to ensure that the customer receives a service provided for in Article 6 of the customer law;
(11) The service provider A service provider who:
(a) it is the service provider's position to produce social services or social care; or
(b) on the basis of an agreement with the service provider, provide social services or social assistance;
(12) The service provider Entity which in practice is responsible for providing the service to the customer.
The professional staff of the social services, as well as the assisting staff involved in the customer work, shall be obliged to record the necessary and sufficient information in relation to the organisation, planning, implementation, monitoring and control of social services. In the form of documents and to deposit them in accordance with Article 5.
The obligation to record the customer information begins when the service provider has been informed of the person's need for services or has taken on a social service. Information on the termination of the document shall be recorded in the customer document.
The entries shall be made without delay after consideration of the client's case.
The service provider shall ensure that the customer information referred to in Articles 7 and 9 to 20 is recorded.
The Institute for Health and Welfare provides more detailed provisions on the structure of social care client documents and information on client documents.
The language used in document documents must be clear and understandable and only use widely known and accepted concepts and abbreviations. The principles governing the quality of personal data are laid down in Article 9 of the Personal Data Act.
Social assistance organised by the authority shall be governed by the law of the (2003) And the Sami language (1886/2003) Provides.
Where social services are implemented by social services in the social care unit, a joint implementation report shall be drawn up for the client. In addition, a common customer plan and other relevant common customer documents may be prepared for the client. The common customer documents referred to in this paragraph shall be entered in the customer register of social care.
A person who participates in the implementation of the common service referred to in paragraph 1 shall have access to the common customer documents required for its tasks. Where appropriate, a copy of the common customer plan may be stored in the patient register.
In addition, patient records on health and medical care of the health care professional shall be entered in patient records and stored in the patient register as specified.
The persons participating in the multi-disciplinary cooperation shall, notwithstanding the secrecy provisions:
(1) enter in the organisation documents of the organisation that they represent, the social security information which they receive, which are necessary for the organisation of a common customer's case;
(2) deposit a customer plan, a memorandum or similar document drawn up on the basis of cooperation, if it is necessary for the client in the case for which the document is drawn up.
The confidentiality obligations and exceptions to the customer information referred to in paragraph 1 shall be subject to the provisions of Articles 14-16, 19 and 27 of the customer law, irrespective of the organisation's documents.
The following basic information shall be recorded in the file:
1) the title of the document;
(2) the name of the client, the mother tongue and the language of the business, the contact details and the home municipality and the identification number or, unless it is known, the distinguishing sign or date of birth on a temporary basis;
(3) where the document concerns a minor's client, the name, contact details and the jurisdiction of his or her legal representative, and any right to information of the parent separated from custody;
(4) the name, contact details and powers of the legal representative or person authorised by the client to the age of majority;
(5) where applicable, the name, contact details and the role of the client's family, close or other client;
(6) the name and identification number of the service provider, the service provider and, where applicable, the service provider;
(7) the name of the author or author of the document, as well as the service station or function in the operational unit;
(8) the date of drawing up or recording the document; and
(9) any information on the security ban on the contact details of the client or his/her legal representative.
When the customer information is disclosed to the collateral, the document shall indicate:
1) what information has been disclosed;
(2) to whom the information is disclosed;
3) when the information has been disclosed;
4) who has given up the information;
(5) information on the underlying provision or consent; and
6) the purpose for which the information has been disclosed.
When the customer's information is obtained from the client itself or by side, the document shall indicate:
1) what information was obtained or received;
(2) from whom the information is obtained;
(3) when the information is obtained;
(4) the person who has requested information if they have been acquired on their own initiative;
(5) information on the provision or consent for obtaining or receiving information; and
6) the purpose for which the information was acquired or obtained.
On the basis of Article 11 (3) of the customer law, the customer may, on the basis of the age, level of development and quality of the case, prohibit the provision of customer information to his legal representative. If the underage client denies the release of the information, there is a ban and a valid reason for it to be recorded.
In the event of a refusal of a minor's right to refuse a minor's refusal of access to the prohibition laid down in paragraph 1, or because the non-disclosure is deemed to be manifestly contrary to the interests of the minor's client, the Customer document shall also record the reasons for the solution.
Article 29 of the Personal Data Act shall apply to the correction of the information contained in the file.
The correction shall be made in such a way that the initial entry is subsequently readable. The correction shall include the name and title of the correction factor, as well as the timing and criterion of the correction.
Customer documents relating to the initiation of the case shall be recorded as:
1) the need for a person's support, care, care or other service;
(2) any justification for the service needs;
(3) the initiation of proceedings; and
4) the date of referral.
In addition to the provisions laid down in Article 37 and Article 39 (2) (1) to (3) and (5) of the Social Welfare Act, documents relating to the assessment of the customer's service need shall, where appropriate, record the opinion of the legal representative, family, close or other person of the customer. Of the customer's need.
The assessment of the plan shall also record the understanding of the client and the other participants in the implementation of the plan and the employee's assessment of how the objectives set out in the plan have been achieved.
In addition to the provisions of Article 39 (2) (4) and (6) to (9) of the Social Welfare Act, the customer plan document shall record:
(1) the need for customer support, based on the assessment of the service needs;
(2) a description of the services that the customer needs;
(3) the objectives and means of service and means of achieving them; and
(4) the private individuals involved in supporting the client and their duties.
The document report shall record:
(1) the date of the customer's support or service;
(2) a description of the situation of the social welfare customer;
(3) all transactions relating to the client or client in which the client's case has been dealt with, including information on who has been involved in the proceedings;
(4) the dates of commencing and completion of the act; and
5. The reason for the termination of the case.
The information to be entered in the Final Act is governed by Article 44 (1) and Article 45 (1) of the Administrative Code.
The following measures shall be taken in relation to the implementation of the decision:
(1) the date of notification of the decision and the review of the appeal;
(2) information on any possible appeal;
3) the decision of the appeal authority;
(4) information on the final outcome of the decision; and
5) information on the implementation of the decision.
If, in order to identify the customer's service need, it is necessary to consult his/her close or other private and social services, it is necessary to record sensitive information about himself or any other private person, this information shall be recorded A separate document. However, the client's own client documents shall record the information necessary for the client's handling of the case.
Document documents shall be drawn up and kept by means of instruments and methods, that the integrity and availability of the information contained in the documents can be ensured by the storage period.
Customer information shall be accessible to the customer process and to the design, evaluation, management, control, statistical and research activities of the customer process.
The Social Services Authority shall deposit in the register of social services the declarations and requests of a private person with a view to establishing the need for the service of a private person, as well as information on their handling. Other client documents shall be entered in the customer register of social care.
All customer documents deposited in passenger registers shall indicate which service or service tasks it relates to.
The health and welfare institution shall lay down the provisions on the classification of social services.
In addition to the provisions of Article 5 (1) of the customer information law, the rights of the professional staff of the social and health care professional are to be defined by means of service tasks and taking into account: The tasks of each person.
The health and welfare institution shall lay down the conditions under which the provider of social services shall define access rights to the customer information of the social welfare service.
Documents shall be entered in the social service register of the service organiser referred to in Article 3 (10).
Where a service provider provides social services between the service provider, the service provider and the service provider, the responsibilities laid down by law shall be shared between the service provider and the service provider. As provided for in paragraphs 3 and 4 and Article 25.
In the situations referred to in paragraphs 1 and 2, the service provider, acting as a service provider or subcontractor, shall:
1) the recording and recording of customer information on behalf of the service organiser;
(2) access to customer information in its own organisation;
(3) active management and control of the processing of personal data in its organisation;
(4) the transmission of original customer documents to the service organiser, as agreed pursuant to Article 25 (1), without delay after the end of the customer relationship; and
5) on the implementation of the rights of the customer, as provided for in the Personal Data Act and the Public Law Act, together with the service provider.
In the situations referred to in paragraphs 1 and 2, the organiser shall be responsible for the following matters:
(1) the obligations laid down in the Personal Data Act to the controller;
(2) permanent storage and disposal of documents;
(3) ensuring that the service provider processes customer information in accordance with the legislation and the contract;
(4) the implementation of the rights of the customer under the Personal Data Act, together with the service provider and the related decisions; and
(5) the obligations laid down by the Public Act and the decisions relating to access to documents.
Where a service provider acquires social services or social services from another service provider, it shall define in a written contract how the service provider must provide information to the service provider and Their proper handling, the functions and responsibilities referred to in Article 24 (3) and compliance with the confidentiality obligations.
Where a service provider uses a subcontractor to carry out the service, it shall ensure that the service provider acting as a subcontractor complies with the terms of the contract referred to in paragraph 1 and Article 24 (3) The obligations laid down.
Customer documents deposited in social services or social services, in Chapter 2, shall be reflected in their processing criteria, the service provider, the service provider and the actual promoter of the service. In the case of subcontracting, client documents shall be reflected in the entire supply chain.
Data relating to the monitoring of the electronic use and transfer of customer data from the social and health service provider's customer information, log entry and transfer logs, as well as their retention periods are laid down in Article 5 of the customer information law.
Customer documents of the social services shall be kept in accordance with paragraph 2 or the period specified in the Annex to this Act.
The social security documents deposited by electronic means to the national customer information reserve referred to in the Customer Information Act shall be kept permanently, except for supporting documents.
Customer documents other than those listed in the Annex to this Act shall be kept permanently in the same way as the Archives Institution (181/1994) In accordance with Article 8 (3).
This Act shall enter into force on 1 April 2015.
However, the obligation to deposit documents in accordance with Article 4 (1) shall be subject to the application of the provisions laid down in Article 5 by the Institute for Health and Welfare.
Articles 7, 9 and 14 to 20 shall apply by 1 January 2016 at the latest, unless otherwise specified below.
Articles 7, 9, 10 to 12 and 14 to 20 shall apply by 1 January 2017 at the latest, provided that the customer information is processed electronically.
Article 22 (1) and (2) shall apply where the organisation is linked to the national social security archives, but no later than 1 January 2021.
Article 23 shall apply where the organisation is linked to the national social security archives, but no later than 1 January 2021.
Articles 24 and 25 shall apply no later than 1 January 2016.
Annex
| Social welfare service mission | Storage time |
| Adopt advice | All customer documents for 120 years from the birth of the child, except for the expiry of 40 years from the decision to suspend adoption of the adoption. Permanently held on 8., 18. And 28 All client documents born on that date. |
| Older services | All customer documents are kept for 30 years after the service or 12 years after the customer's death. Permanently held on 8., 18. And 28 All client documents born on that date. |
| Indition of paternity | All client documents for 120 years from the birth of a child. Permanently held on 8., 18. And 28 All client documents born on that date. |
| Breeding and family counselling | All customer documents for 120 years from the birth of a child, except where the substance does not continue after the inquiry has been completed, 30 years after the completion of the investigation. |
| Special care for people with disabilities | All customer documents are kept for 30 years after the service or 12 years after the customer's death. Permanently held on 8., 18. And 28 All client documents born on that date. |
| Home services | All customer documents are kept for 30 years after the service or 12 years after the customer's death. Permanently held on 8., 18. And 28 The decisions, plans and customer reports of the day. |
| Promotion of integration | All client documents are kept permanently. |
| Service and other social work in the field of study care | All documents are kept for 30 years after the service ended or 12 years after the customer's death. |
| Reinforcing child support | All client documents shall be kept for 120 years after the birth of the child. Permanently held on 8., 18. And 28 All client documents born on that date. |
| Safeguarding the child's care and access rights | All client documents shall be kept for 120 years after the birth of the child. Permanently held on 8., 18. And 28 All client documents born on that date. |
| Child protection | Child protection declarations are kept for 30 years. All other client documents shall be kept for 120 years after the birth of the child. Permanent preservation of decisions, plans and customer reports. |
| Support for the asset management | Documents are held for 30 years after the end of the service or 12 years after the customer's death. Permanently held on 8., 18. And 28 Decisions, plans and customer reports on the date of birth. |
| Family mediation | All customer documents are kept for 30 years after the service or 12 years after the customer's death. |
| Confirmation of child support | All established maintenance contracts shall be maintained permanently. Other customer documents shall be held for 30 years from the end of the case. |
| Accelerration | All customer documents are kept for 30 years after the service or 12 years after the customer's death. Permanently held on 8., 18. And 28 All client documents born on that date. |
| Social Ombudsman activities | All customer documents shall be kept for 30 years after the closure of the case. |
| Social services law services | All customer documents are kept for 30 years after the service or 12 years after the customer's death. Permanently held on 8., 18. And 28 All client documents born on that date. |
| Social credit | All customer documents are kept for 30 years after the end of the service. |
| Income support | All customer documents are kept for 12 years from the end of the service. Permanently held on 8., 18. And 28 All client documents born on that date. |
| Support for employment in the unemployed | All customer documents are kept for 30 years after the service or 12 years after the customer's death. |
| Disability services | All customer documents are kept for 30 years after the service or 12 years after the customer's death. Permanently held on 8., 18. And 28 All client documents born on that date. |
| Supporting the employment of people with disabilities | All customer documents are kept for 30 years after the service or 12 years after the customer's death. Permanently held on 8., 18. And 28 All client documents born on that date. |
