PRIVACY STATEMENT

Your Information, Your Rights

 

Being transparent and providing accessible information to patients about how we will use your personal information is a key element of the Data Protection Act 2018 and the EU General Data Protection Regulations (GDPR). 

The following notice reminds you of your rights in respect of the above legislation and how your GP Practice will use your information for lawful purposes in order to deliver your care and the effective management of the local NHS system.

This notice reflects how we use information for:

• The management of patient records;

• Communication concerning your clinical care;

• Ensuring the quality of your care and the best clinical outcomes are achieved through clinical audit and retrospective review;

• The management and clinical planning of services to ensure that appropriate care is in place for our patients today and in the future.

 

Data Controller

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As your Any Qualified Provider of care, we are the data controller for any personal data that we hold about you.

 

What information do we collect and use?

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All personal data must be processed fairly and lawfully, whether is it received directly from you or from a third party in relation to the your care.

 

We will collect the following types of information from you or about you from a third party (provider organisation) engaged in the delivery of your care:

 

• ‘Personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified from the data.  This includes, but is not limited to name, date of birth, full postcode, address, next of kin and NHS number;

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And
 

• ‘Special category / sensitive data’ such as medical history including details of appointments and contact with you, medication, clinical notes, treatments, results of investigations, supportive care arrangements, race, ethnic origin, genetics and sexual orientation.

 

Your healthcare records contain information about your health and any treatment or care you have received previously (e.g. from an acute hospital, GP surgery, community care provider, mental health care provider, walk-in centre, social services).  These records may be electronic, a paper record or a mixture of both.  We use a combination of technologies and working practices to ensure that we keep your information secure and confidential.

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Why do we collect this information?

 

The NHS Act 2006 and the Health and Social Care Act 2012 invests statutory functions on GP Practices to promote and provide the health service in England, improve quality of services, reduce inequalities, conduct research, review performance of services and deliver education and training.  To do this we will need to process your information in accordance with current data protection legislation to:

• Protect your vital interests;

• Pursue our legitimate interests as a provider of medical care, particularly where the individual is a child or a vulnerable adult;

• Perform tasks in the public’s interest;

• Deliver preventative medicine, medical diagnosis, medical research; and

• Manage the health and social care system and services.

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How is the information collected?

 

Your information will be collected either electronically using secure NHS Mail or a secure electronic transferred over an NHS encrypted network connection.  In addition physical information will be sent from your practice.  This information will be retained within your electronic patient record or within your physical medical records.

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Who will we share your information with?

 

In order to deliver and coordinate your health and social care, we may share information with the following organisations:

• Your GP Practice

• NHS Care Commissioning Group

 

Your information will only be shared if it is appropriate for the provision of your care or required to satisfy our statutory function and legal obligations.

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Your information will not be transferred outside of the European Union.

 

Whilst we might share your information with the above organisations, we may also receive information from them to ensure that your medical records are kept up to date and so that we can provide the appropriate care.

How do we maintain the confidentiality of your records?

We are committed to protecting your privacy and will only use information that has been collected lawfully.  Every member of staff who works for an NHS organisation has a legal obligation to keep information about you confidential. 

We maintain our duty of confidentiality by conducting annual training and awareness, ensuring access to personal data is limited to the appropriate staff and information is only shared with organisations and individuals that have a legitimate and legal basis for access.

Information is not held for longer than is necessary.   We will hold your information in accordance with the Records Management Code of Practice for Health and Social Care 2016.

Consent and Objections

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Do I need to give my consent?

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The GDPR sets a high standard for consent.  Consent means offering people genuine choice and control over how their data is used. When consent is used properly, it helps you build trust and enhance your reputation.  However consent is only one potential lawful basis for processing information.  Therefore we may not need to seek your explicit consent for every instance of processing and sharing your information, on the condition that the processing is carried out in accordance with this notice.  We will contact you if we are required to share your information for any other purpose which is not mentioned within this notice.  Your consent will be documented within your electronic patient record.

What will happen if I withhold my consent or raise an objection?

You have the right to write to withdraw your consent to any time for any particular instance of processing, provided consent is the legal basis for the processing.  Please contact us for further information and to raise your objection.

 

Sharing of Electronic Patient Records within the NHS

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Electronic patient records are kept in most places where you receive healthcare.  Our local electronic system enables your record to be shared with organisations involved in your direct care, such as:

• GP practices

• Community hospitals

• Hospitals

 

Your Right of Access to Your Records

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The Data Protection Act and General Data Protection Regulations allows you to find out what information is held about you including information held within your medical records, either in electronic or physical format.  This is known as the “right of subject access”.  If you would like to have access to all or part of your records, you can make a request in writing to the organisation that you believe holds your information.  This can be your GP, or a provider that is or has delivered your treatment and care.  You should however be aware that some details within your health records may be exempt from disclosure, however this will in the interests of your wellbeing or to protect the identity of a third party.  If you would like access to your GP record, please submit your request in writing to you GP Practice.

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Complaints

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In the event that your feel we have not complied with the current data protection legislation, either in responding to a request or in our general processing of your personal information, you should raise your concerns in the first instance in writing to the Chief Operating Officer at:

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Community Healthcare Ltd

Louth Hospital, Block 27, Room 41, High Holme Road, Louth, Lincolnshire.  LN11 0EU

 

If you remain dissatisfied with our response, please refer to our compliments and complaints policy here.