Care Home Services (Visits to and by Care Home Residents) (Scotland) Regulations 2026: data protection impact assessment

2. Introductory information

2.1 Summary of proposal

Regulations will be made under section 14 of the Care Reform (Scotland) Act 2025 to implement the changes made by the Care Reform (Scotland) Act 2025 to the Public Services Reform (Scotland) Act 2010 to ensure that people living in adult care homes can connect with the people who are important to them through in-person visits and visits out of the home unless there is a serious risk to life, health or wellbeing. However, even where there are such exceptional circumstances, some types of visits should always be supported. The regulations will also give residents the right to nominate at least one Essential Care Supporter if that is their wish. An Essential Care Supporter is likely to be a relative or friend, or someone else who plays an important role in providing their loved ones with regular care and support. It might include companionship, personal support, support with day-to-day care and advocacy. Care home providers will have a duty to maintain a record of each resident’s Essential Care Supporter. This will be recorded by the care home provider in their existing personal (care) plan which sets out the needs, wishes and overall care arrangements for the individual. The specific information on the Essential Care Supporter that will be recorded is still under consideration, but it is expected to include names, contact details, addresses, relationship to the resident, arrangements for maintaining connection based on the needs and wishes of the resident and where appropriate any relevant information about the Essential Care Supporter that may be pertinent to the arrangements for connection/ visiting.

Care home providers are already required to keep details of a resident’s next-of-kin, most often recorded in the resident’s care plan. In many cases they will also record details in the resident’s care plan of people that provide that supportive role, their names and contact details. We anticipate that it’s very likely that the next of kin will also be the person providing the role of Essential Care Supporter and therefore their personal data will already be recorded and stored elsewhere by the care home. However, it is possible that there may be others identified not already identified

The regulations build on existing guidance that includes ‘Named visiting’ and the Health and Social Care Standards. Named visiting and the Health and Social Care Standards support residents to nominate individuals, typically in an outbreak situation, to see them and be directly involved in their care and support, if that is their wish.

2.2 Description of the personal data involved

In most cases, the Essential Care Supporter’s details will already be on the resident’s personal plan. Once identified, the personal plan will be updated to reflect who the Essential Care Supporter is. The details included will be:

(i) Name

(ii) Address

(iii) Contact details

(iv) Arrangements for maintaining connection

(v) Whether the Essential Care Supporter has any additional needs pertinent to the arrangements for maintaining connection.

No special category data will be recorded.

2.3 Will the processing of personal data as a result of the proposal have an impact on decisions made about individuals, groups or categories of persons?

No. The processing of personal information is for the operational purpose of identifying and recording the name of the Essential Care Supporters and enables providers to fulfil their statutory duties as laid out in the Act. The data will not be used to make decisions about the individuals themselves beyond registering their status as an Essential Care Supporter and any additional details pertinent to facilitate connections, as outlined above.

The presence or absence of an Essential Care Supporter may indirectly influence decisions about visiting during exceptional circumstances. However, having an Essential Care Supporter identified in such cases strengthens the presumption that suspension of visits would cause serious harm. Having this role identified therefore strengthens the resident’s rights and the rights of the Essential Care Support to spend time and maintain a connection to the resident.

2.4 Necessity, proportionality and justification

The legislation gives formal recognition to the vital role family, friends and others play in providing essential care, support and companionship to adults in care homes. It supports the role of an Essential Care Supporter in infectious outbreak situations even when visiting is paused for others.

The legislation was developed in response to a petition lodged by a family member of a care home resident who was denied visiting during the Covid-19 pandemic. Legislating the rights to visits places a statutory duty on care home providers and a presumption of harm if visits from Essential Care Supporters are suspended.

The purpose of maintaining a record of Essential Care Supporters is to allow care home providers to communicate with them about visiting arrangements, especially when there is a change in circumstances. Collection of personal data will be limited to what is strictly necessary and will not be used for any purpose other than facilitating visits and safeguarding residents’ wellbeing.

As data controllers Care homes are already subject to requirements around safeguards for storing and processing of personal information . The Care Inspectorate provides guidance for adult services on record keeping.

A Code of Practice will be developed that will assist care home providers to carry out their statutory duty, while protecting the personal information of Essential Care Supporters.

2.5 Will the implementation be accompanied by guidance or by an associated Code of Conduct?

Yes. A Code of Practice will accompany the regulations.