GDPR

GDPR Privacy Notice for Patients

This notice is to advise you about some important updates to our Fair Processing (Privacy) Notice.

We are updating our Fair Processing Notice in accordance with the GDPR Regulations to clarify how we collect, share and retain personal data, including;

  • What personal information we hold
  • How we use your personal information
  • How we share information and our Partner Organisations
  • How we keep your information secure
  • Your rights
  • Use of cookies on our website
  • Objections and Further information

You can read our Fair Processing Notice in full below as it provides more details on how we manage your information.

Fair Processing Notice

This Fair Processing Notice will explain how we collect, use and protect your personal information. If you have any queries, please contact our Data Protection Controller Liz Brimacombe.

What personal information we hold about you

  • Name, address, date of birth, gender, contact information including telephone number and email address
  • Details of people living in your household
  • Clinical consultation entries, either face-to-face or on the telephone
  • Relevant information from people who care for you such as relatives and carers
  • Your current and past medical history (e.g. medical problems, investigations, medication)
  • Documents from other NHS organisations relating to your health
  • Your current and past referrals

How we use your information

  • We collect and hold data about you for the purpose of providing safe and effective healthcare. This allows us to provide a good basis for all health decisions we make
  • It allows us to provide the most appropriate care for you
  • NHS Health Records may be electronic, on paper or a mixture of both
  • Your information may be used to help with research or clinical audit
  • To respond to your queries, compliments and complaints

How we share information

  • Your information may be shared with other NHS Organisations in relation to your healthcare and to audit services
  • Your information may be shared with outside organisations in relation to your healthcare
  • Your information may be shared to help investigate and complaints or concerns you have about your healthcare
  • Some information is held centrally for statistical purposes. In these instances, strict measures are in place to ensure individual patients cannot be identified

The law requires us to share information from your medical records in certain circumstances. Information is shared so that the NHS or Public Health England can, for example:

  • Plan and manage services
  • Check that the care being provided is safe
  • Prevent infectious diseases from spreading

We will share information with NHS Digital the Care Quality Commission and Public Health England when the law requires us to do so. We must also share your information if a court orders us to do so.

We are required by law to provide you with the following information about how we handle information and our legal obligations to share data:

Data Controller contact details

Managing partner – Liz Brimacombe
c/o St Levan Surgery, 350 St Levan Road. Keyham, Plymouth, Devon, PL2 1JR
Tel: 01752 561973

Data Protection Officer contact details

Bex Lovewell 07375322875

Purpose of the processing

Compliance with legal obligations or court order.

Lawful basis for processing

The following sections of the GDPR mean that we can share information when the law tells us to.

  • Article 6(1)(c) – ‘processing is necessary for compliance with a legal obligation to which the controller is subject…’
  • Article 9(2)(h) – ‘processing is necessary for the purpose of preventative…medicine…the provision of health or social care or treatment or the management of health or social care systems and services...’

Recipient or categories of recipients of the processed data

  • The data will be shared with NHS Digital.
  • The data will be shared with the Care Quality Commission.
  • The data will be shared with our local health protection team or Public Health England.
  • The data will be shared with the court if ordered

Rights to object and the national data opt-out

There are very limited rights to object when the law requires information to be shared but government policy allows some rights of objection as set out below.

NHS Digital

  • You have the right to object to information being shared with NHS Digital for reasons other than your own direct care.
  • This is called a ‘Type 1’ objection – you can ask your practice to apply this code to your record.
  • Please note: The ‘Type 1’ objection, however, will no longer be available after 2020.
  • This means you will not be able to object to your data being shared with NHS Digital when it is legally required under the Health and Social Care Act 2012.

NHS Digital sharing with the Home Office

  • There is no right of objection to NHS Digital sharing names and addresses of patients who are suspected of having committed an immigration offence.

Public health

  • Legally information must be shared under public health legislation. This means that you are unable to object.

Care Quality Commission

  • Legally information must be shared when the Care Quality Commission needs it for their regulatory functions. This means that you are unable to object.

Court order

  • Your information must be shared if it ordered by a court. This means that you are unable to object.

Right to access and correct

  • You have the right to access your medical record and have any errors or mistakes corrected. Please speak to a member of staff
  • We are not aware of any circumstances in which you will have the right to delete correct information from your medical record; although you are free to obtain your own legal advice if you believe there is no lawful purpose for which we hold the information and contact us if you hold a different view.

Retention period

GP medical records will be kept in line with the law and national guidance. Information on how long records are kept can be found at: https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016 or speak to the practice.

Right to complain

You have the right to complain to the Information Commissioner’s Office. If you wish to complain follow this link https://ico.org.uk/global/contact-us/ or call the helpline 0303 123 1113.

Our Partner Organisations

  • NHS Trusts
  • Independent contractors such as dentists, opticians and pharmacists
  • Private sector providers
  • Voluntary sector providers
  • Ambulance trusts
  • Clinical Commissioning Groups
  • Health and Social Care Information Centre (HSCIC)
  • Local authorities
  • Education services
  • Fire and rescue services
  • Police
  • Other data processors

General Practice Transparency Notice for GPES Data for Pandemic Planning and Research (COVID-19)

This practice is supporting vital coronavirus (COVID-19) planning and research by sharing your data with NHS Digital.

The health and social care system is facing significant pressures due to the coronavirus (COVID-19) outbreak. Health and care information is essential to deliver care to individuals, to support health, social care and other public services and to protect public health. Information will also be vital in researching, monitoring, tracking and managing the coronavirus outbreak. In the current emergency it has become even more important to share health and care information across relevant organisations. This practice is supporting vital coronavirus planning and research by sharing your data with NHS Digital, the national safe haven for health and social care data in England. 

 

Our legal basis for sharing data with NHS Digital

NHS Digital has been legally directed to collect and analyse patient data from all GP practices in England to support the coronavirus response for the duration of the outbreak. NHS Digital will become the controller under the General Data Protection Regulation 2016 (GDPR) of the personal data collected and analysed jointly with the Secretary of State for Health and Social Care, who has directed NHS Digital to collect and analyse this data under the COVID-19 Public Health Directions 2020 (COVID-19 Direction).

All GP practices in England are legally required to share data with NHS Digital for this purpose under the Health and Social Care Act 2012 (2012 Act). More information about this requirement is contained in the data provision notice issued by NHS Digital to GP practices.

Under GDPR our legal basis for sharing this personal data with NHS Digital is Article 6(1)(c) - legal obligation. Our legal basis for sharing personal data relating to health, is Article 9(2)(g) – substantial public interest, for the purposes of NHS Digital exercising its statutory functions under the COVID-19 Direction.

The type of personal data we are sharing with NHS Digital

The data being shared with NHS Digital will include information about patients who are currently registered with a GP practice or who have a date of death on or after 1 November 2019 whose record contains coded information relevant to coronavirus planning and research. The data contains NHS Number, postcode, address, surname, forename, sex, ethnicity, date of birth and date of death for those patients. It will also include coded health data which is held in your GP record such as details of:

  • diagnoses and findings
  • medications and other prescribed items
  • investigations, tests and results
  • treatments and outcomes
  • vaccinations and immunisations

How NHS Digital will use and share your data

NHS Digital will analyse the data they collect and securely and lawfully share data with other appropriate organisations, including health and care organisations, bodies engaged in disease surveillance and research organisations for coronavirus response purposes only. These purposes include protecting public health, planning and providing health, social care and public services, identifying coronavirus trends and risks to public health, monitoring and managing the outbreak and carrying out of vital coronavirus research and clinical trials. The British Medical Association, the Royal College of General Practitioners and the National Data Guardian are all supportive of this initiative.

NHS Digital has various legal powers to share data for purposes relating to the coronavirus response. It is also required to share data in certain circumstances set out in the COVID-19 Direction and to share confidential patient information to support the response under a legal notice issued to it by the Secretary of State under the Health Service (Control of Patient Information) Regulations 2002 (COPI Regulations).

 

Legal notices under the COPI Regulations have also been issued to other health and social care organisations requiring those organisations to process and share confidential patient information to respond to the coronavirus outbreak. Any information used or shared during the outbreak under these legal notices or the COPI Regulations will be limited to the period of the outbreak unless there is another legal basis for organisations to continue to use the information. 

Data which is shared by NHS Digital will be subject to robust rules relating to privacy, security and confidentiality and only the minimum amount of data necessary to achieve the coronavirus purpose will be shared. Organisations using your data will also need to have a clear legal basis to do so and will enter into a data sharing agreement with NHS Digital. Information about the data that NHS Digital shares, including who with and for what purpose will be published in the NHS Digital data release register.

For more information about how NHS Digital will use your data please see the NHS Digital Transparency Notice for GP Data for Pandemic Planning and Research (COVID-19).

 

National Data Opt-Out

The application of the National Data Opt-Out to information shared by NHS Digital will be considered on a case by case basis and may or may not apply depending on the specific purposes for which the data is to be used. This is because during this period of emergency, the National Data Opt-Out will not generally apply where data is used to support the coronavirus outbreak, due to the public interest and legal requirements to share information.

Your rights over your personal data

To read more about the health and care information NHS Digital collects, its legal basis for collecting this information and what choices and rights you have in relation to the processing by NHS Digital of your personal data, see:

 

How we keep your information secure

  • All staff are DBS checked upon commencing employment
  • All staff are trained in their responsibilities to protect your information
  • All access to our systems is password protected
  • Information is not shared with unauthorised bodies

We maintain a duty of confidentiality to you at all times. We will only ever use or pass on information about you if others involved in your care have a genuine need for it. We will not disclose your information to any third party without your permission unless there are exceptional circumstances or where the law requires information to be passed on.

We also ensure that the information we hold is kept in secure locations, restrict access to information to authorised personnel only and protect personal and confidential information held on equipment.

Your rights

  • To obtain access and copies of your medical records
  • To request information is corrected if it is factually incorrect
  • To have information updated where it is no longer accurate
  • To withdraw consent for information sharing

Use of Cookies on our website

We use Analytical software on our website to anonymously track how visitors interact with this website. This includes identifying:

  • the pages visited on our website
  • how long the visitor spends on each page on our website
  • how visitors got to our website
  • what visitors click on while visiting our website

We do this to help make sure our website is meeting the needs of visitors and help us make improvements, for instance improving site search. We don’t use cookies to track the identity of visitors or the information they have entered into the site.

You give us consent to using cookies for analytic purposes if you continue to use our website site. Alternatively, you can switch off cookies in your browser and the site will still work normally.

Objections

Should you have any concerns about how your information is managed by Adelaide and St Levan Surgery, please contact the Data Controller. If you are still unhappy following a review by the GP practice, you can then complain to the Information Commissioners Office (ICO) via their website (www.ico.gov.uk).

If you are happy for your data to be extracted and used for the purposes described in this privacy notice then you do not need to do anything. If you have any concerns about how your data is shared then please contact the practice.

Further Information

  • Our Data Controller is our Managing Partner – Liz Brimacombe
     
  • Our Data Protection Officer for Devon – Bex Lovewell email: bex.lovewell@nhs.net
    Mailing Address: Delt Shared Services Ltd, BUILDING 2 – DELT, Derriford Business Park, Plymouth, PL6 5QZ
     
  • Our organisation is registered with the Information Commissioner. Our registration number is Z7470262 and can be viewed on the register of data controllers at www.ICO.org.uk.
     
  • For independent advice, please contact the Information Commissioners Office on 0303 123 1113, text phone 01625 545860 or email casework@ico.org.uk.

 

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