“Ludwig Esser Psychotherapy & Hypnotherapy” is the business name of sole trader, Ludwig Esser.
I, Ludwig Esser, am the Data Controller and Processor of Ludwig Esser Psychotherapy & Hypnotherapy.
The basis on which I keep client data is that of “Legitimate Interests”. This means that the data is necessary for me to fulfil the contract that we have together (ie to provide therapy) and that it is data that you would reasonably expect me to hold and use.
For those who enquire about therapy, the data I hold includes any information you have sent me by email/text/message.
For those who book and attend at least one session, the data I hold includes:
Basic information such as name, email address, phone number
Information that you give me as part of the work we do together
Records of what interventions that I use (or potentially do not use) in our sessions
Emails, texts and/or messages that are sent between us
Information sent from any third party, eg GP, insurance company, EAP
Some of the information that you give me may fall under the definition of special category of data as defined by the General Data Protection Regulation. The condition for processing this special data is (précised from the Act) “processing is necessary for medical diagnosis, the provision of health care or treatment pursuant to contract with a health professional”.
Data is not shared with anyone, except possibly your GP, and for any reasons covered by the Requirements for Disclosure which are detailed and discussed when we first meet.
The data is primarily used to enable me to provide therapy for you. It may also be used scientific research purposes and statistical purposes.
Details of where data is held:
Any emails sent between us are held on my computer and in encrypted form on a separate backup drive which is stored in a safe. They are also held on my smartphone, which is code protected and encrypted and on the server of my internet provider, Zen Internet, which is based in the UK and GDPR compliant.
Any texts, whatsapp messages sent between us are held on my smartphone, which is code protected and encrypted.
Your notes are handwritten and are kept in a locked filing cabinet. A coding system enables me as the therapist to know whose notes are related to which client, but a stranger seeing the notes would not be able to identify to whom they refer.
Audio recordings and other electronic media used in the sessions are stored on a separate hard-drive in encrypted form. It is stored in a locked filing cabinet when not in use. The backup of this drive is on a separate encrypted backup drive which is stored in a safe.
If not handed over to you in person on a CD/DVD, audio recordings or any electronic media I share with you are shared via a secure link to a cloud file on box.com, which itself is GDPR compliant. The cloud means a hard-drive owned and held by a cloud provider (in this case box.com) that is accessible through the internet. Only I have access to the files and those with whom I share a link to a specific file.
Your data is kept for 7 years. The length of time is based on the stipulation of my insurer. After this time any paper records are shredded and computer records permanently deleted.
Ludwig Esser Psychotherapy & Hypnotherapy takes the security of data seriously and as such:
All data is held securely (see details of where data is held above)
Any date transmitted is sent encrypted where possible
I am not in control of data (including emails and texts) which you send me
Apps such as Facebook routinely access any information held regardless of their confidentiality and this is beyond my control.
If there is any breach of data security Ludwig Esser Psychotherapy & Hypnotherapy will give full details to the Information Commissioners Office and any person affected within 72 hours of the breach and do all possible to minimise any potential impact.
You have rights with regards to the data held:
The right of access. I will provide you with all data I hold on you as soon as I can following a request (and definitely within 30 days, unless this is impossible due to holidays or illness).
The right to rectification. If any data I hold is incorrect, just let me know and I will correct it as soon as I can following a request (and definitely within 30 days, unless this is impossible due to holidays or illness).
The right to erasure. If you wish me to erase your data just let me know and I will delete any computer records and shred any paper records as soon as I can following a request (and definitely within 30 days, unless this is impossible due to holidays or illness). NB: data may be retained for scientific research, historical research or statistical purposes where erasure is likely to render impossible or seriously impair the achievement of that processing but this would never include case notes or data such as address/email/phone
The right to restrict processing. This would usually be a stop-gap measure before correction of any errors or before erasure
The right to data portability. This might apply if you want your notes sent to another therapist for example, but it is likely that the easiest solution would come under the right to access, ie I would send the data to you.
The right to object to:
processing based on legitimate interests or the performance of a task in the public interest/exercise of official authority (including profiling). Ludwig Esser Psychotherapy & Hypnotherapy does not engage in these things
direct marketing. Ludwig Esser Psychotherapy & Hypnotherapy does not do direct marketing
processing for purposes of scientific/historical research and statistics. For this, you must provide grounds for your objection.
automated decision making and profiling. Ludwig Esser Psychotherapy & Hypnotherapy does not engage in automated decision making or profiling