How we use your data

 

DATA PROTECTION PRIVACY NOTICE FOR PATIENTS

 

Version 2 (June 2019)

 

 

 

Introduction:

 

This privacy notice lets you know what happens to any personal data that you give to us, or any that we may collect from or about you.

 

This privacy notice applies to personal information processed by or on behalf of the practice.

 

This Notice explains

 

·         Who we are, how we use your information and our Data Protection Officer

 

·         What kinds of personal information about you do we process?

 

·         What are the legal grounds for our processing of your personal information (including when we share it with others)?

 

·         What should you do if your personal information changes?

 

·         For how long your personal information is retained by us?

 

·         What are your rights under data protection laws?

 

 

 

The General Data Protection Regulation (GDPR) became law on 24th May 2016. This is a single EU-wide regulation on the protection of confidential and sensitive information. It enters into force in the UK on the 25th May 2018, repealing the Data Protection Act (1998).

 

 

 

For the purpose of applicable data protection legislation (including but not limited to the General Data Protection Regulation (Regulation (EU) 2016/679) (the "GDPR"), and the Data Protection Act 2018 (currently in Bill format before Parliament) the practice responsible for your personal data is Shipston Medical Centre

 

This Notice describes how we collect, use and process your personal data, and how, in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your data privacy rights

 

 

 

How we use your information and the law.

 

Shipston Medical Centre will be what’s known as the ‘Controller’ of the personal data you provide to us.

 

We collect basic personal data about you which does not include any special types of information or location-based information.  This does however include name, address, contact details such as email and mobile number etc.

 

We will also collect sensitive confidential data known as “special category personal data”, in the form of health information, religious belief (if required in a healthcare setting) ethnicity, and sex during the services we provide to you and or linked to your healthcare through other health providers or third parties.


Why do we need your information?

 

The health care professionals who provide you with care maintain records about your health and any treatment or care you have received previously (e.g. NHS Trust, GP Surgery, Walk-in clinic, etc.). These records help to provide you with the best possible healthcare. 

 

NHS health records may be electronic, on paper or a mixture of both, and we use a combination of working practices and technology to ensure that your information is kept confidential and secure. Records which the Practice hold about you may include the following information; 

 

       Details about you, such as your address, carer, legal representative, emergency contact details

 

       Any contact the surgery has had with you, such as appointments, clinic visits, emergency appointments, etc.

 

       Notes and reports about your health

 

       Details about your treatment and care

 

       Results of investigations such as laboratory tests, x-rays etc

 

       Relevant information from other health professionals, relatives or those who care for you

 

To ensure you receive the best possible care, your records are used to facilitate the care you receive. Information held about you may be used to help protect the health of the public and to help us manage the NHS. Information may be used within the GP practice for clinical Audit to monitor the quality of the service provided.

 

 

 

How do we lawfully use your data?

 

We need to know your personal, sensitive and confidential data in order to provide you with Healthcare services as a General Practice, under the General Data Protection Regulation we will be lawfully using your information in accordance with: -

 

Article 6, e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

 

Article 9, (h) processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems

 

This Privacy Notice applies to the personal data of our patients and the data you have given us about your carers/family members.

 

 

 

Risk Stratification

 

Risk stratification data tools are increasingly being used in the NHS to help determine a person’s risk of suffering a condition, preventing an unplanned or (re)admission and identifying a need for preventive intervention. Information about you is collected from a number of sources including NHS Trusts and from this GP Practice. A risk score is then arrived at through an analysis of your de-identified information is only provided back to your GP as data controller in an identifiable form. Risk stratification enables your GP to focus on preventing ill health and not just the treatment of sickness. If necessary, your GP may be able to offer you additional services. Please note that you have the right to opt out of your data being used in this way.

 

 

 

Medicines Management

 

The Practice may conduct Medicines Management Reviews of medications prescribed to its patients. This service performs a review of prescribed medications to ensure patients receive the most appropriate, up to date and cost-effective treatments.

 

 

 

How do we maintain the confidentiality of your records? 

 

We are committed to protecting your privacy and will only use information collected lawfully in accordance with:

 

·         Data Protection Act 2018

 

·         The General Data Protection Regulations 2016

 

·         Human Rights Act 1998

 

·         Common Law Duty of Confidentiality

 

·         Health and Social Care Act 2012

 

·         NHS Codes of Confidentiality, Information Security and Records Management

 

·         Information: To Share or Not to Share Review 

 

 

 

Every member of staff who works for an NHS organisation has a legal obligation to keep information about you confidential. 

 

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 (i.e. life or death situations), where the law requires information to be passed on and / or in accordance with the information sharing principle following Dame Fiona Caldicott’s information sharing review (Information to share or not to share) where “The duty to share information can be as important as the duty to protect patient confidentiality.” This means that health and social care professionals should have the confidence to share information in the best interests of their patients within the framework set out by the Caldicott principles.

 

Our practice policy is to respect the privacy of our patients, their families and our staff and to maintain compliance with the General Data Protection Regulations (GDPR) and all UK specific Data Protection Requirements. Our policy is to ensure all personal data related to our patients will be protected.

 

 

 

All employees, service providers and sub-contractors engaged by our practice are asked to sign a confidentiality agreement. If a service provider or sub-contractor acts as a data processor for Shipston Medical Centre an appropriate contract (art 24-28) will be in place covering the processing of your information.  A list of other organisations whom may process data on our behalf is provided in appendix 1.

 

 

 

In certain circumstances you may have the right to withdraw your consent to the processing of data. Please contact the Data Protection Officer in writing if you wish to withdraw your consent.  If some circumstances we may need to store your data after your consent has been withdrawn to comply with a legislative requirement.

 

Some of this information will be held centrally and used for statistical purposes. Where we do this, we take strict measures to ensure that individual patients cannot be identified. Sometimes your information may be requested to be used for research purposes – the surgery will always gain your consent before releasing the information for this purpose in an identifiable format.   In some circumstances you can Opt-out of the surgery sharing any of your information for research purposes.

 

 

 

With your consent we would also like to use your information to keep you informed

 

We will use your name, contact details and email address to inform you of services that may benefit you and remind you of any appointments you have made with us. There may be occasions where authorised research facilities would like you to take part on innovations, research, improving services or identifying trends. 

 

At any stage where we would like to use your data for anything other than the specified purposes and where there is no lawful requirement for us to share or process your data, we will ensure that you have the ability to consent and opt out prior to any data processing taking place.
This information is not shared with third parties or used for any marketing and you can unsubscribe at any time via phone, email or by informing the practice.

 

 

 

Where do we store your information Electronically?

 

All the personal data we process is processed by our staff in the UK however for the purposes of IT hosting and maintenance this information may be located on servers within the European Union.

 

No third parties have access to your personal data unless the law allows them to do so and appropriate safeguards have been put in place.  We have a Data Protection regime in place to oversee the effective and secure processing of your personal and or special category (sensitive, confidential) data.

 

 

 

EMIS Web

 

The Practice uses a clinical system provided by a Data Processor called EMIS, with effect from 10th June 2019, EMIS will start storing your practice’s EMIS Web data in a highly secure, third party cloud hosted environment, namely Amazon Web Services (“AWS”).

 

The data will remain in the UK at all times and will be fully encrypted both in transit and at rest. In doing this, there will be no change to the control of access to your data and the hosted service provider will not have any access to the decryption keys. AWS is one of the world’s largest cloud companies, already supporting numerous public sector clients (including the NHS), and it offers the very highest levels of security and support.

 

 

 

Who are our partner organisations?

 

We may also have to share your information, subject to strict agreements on how it will be used, with the following organisations;

 

·         NHS Trusts / Foundation Trusts

 

·         GP’s

 

·         NHS Commissioning Support Units

 

·         Independent Contractors such as dentists, opticians, pharmacists

 

·         Private Sector Providers

 

·         Voluntary Sector Providers

 

·         Ambulance Trusts

 

·         Clinical Commissioning Groups

 

·         Social Care Services

 

·         NHS England (NHSE) and NHS Digital (NHSD)

 

·         Primary Care Support England

 

·         Local Authorities

 

·         Education Services

 

·         Fire and Rescue Services

 

·         Police & Judicial Services

 

·         Voluntary Sector Providers

 

·         Private Sector Providers

 

·         NICE

 

·         Other ‘data processors’ which you will be informed of

 

 

 

You can be informed who your data will be shared with and in some cases asked for consent for this to happen when this is required.

 

 

 

How long will we store your information?

 

We are required under UK law to keep your information and data for the full retention periods as specified by the NHS Records management code of practice for health and social care and national archives requirements.

More information on records retention can be found online at
(https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016)

 

 

 

How can you access, amend move the personal data that you have given to us?

 

Even if we already hold your personal data, you still have various rights in relation to it. To get in touch about these, please contact us. We will seek to deal with your request without undue delay, and in any event in accordance with the requirements of any applicable laws. Please note that we may keep a record of your communications to help us resolve any issues which you raise.

 

Right to object: If we are using your data because we deem it necessary for our legitimate interests to do so, and you do not agree, you have the right to object. We will respond to your request within 30 days (although we may be allowed to extend this period in certain cases). Generally, we will only disagree with you if certain limited conditions apply.

 

Right to withdraw consent: Where we have obtained your consent to process your personal data for certain activities (for example for a research project), you may withdraw your consent at any time.

 

Right to erasure: In certain situations (for example, where we have processed your data unlawfully), you have the right to request us to "erase" your personal data. We will respond to your request within 30 days (although we may be allowed to extend this period in certain cases) and will only disagree with you if certain limited conditions apply. If we do agree to your request, we will Delete your data but will generally assume that you would prefer us to keep a note of your name on our register of individuals who would prefer not to be contacted. That way, we will minimise the chances of you being contacted in the future where your data are collected in unconnected circumstances. If you would prefer us not to do this, you are free to say so.

 

Right of data portability: If you wish, you have the right to transfer your data from us to another data controller. We will help with this with a GP to GP data transfer and transfer of your hard copy notes.

 

 

 

Access to your personal information

 

Data Subject Access Requests (DSAR): You have a right under the Data Protection legislation to request access to view or to obtain copies of what information the surgery holds about you and to have it amended should it be inaccurate. To request this, you need to do the following:

 

       Your request should be made to the Practice – for information from the hospital you should write direct to them

 

       There is no charge to have a copy of the information held about you

 

       We are required to respond to you within one month 

 

       Subject to being able to verify your identity, we will initially offer you online access to your Detailed Coded Record. This contains your electronic medical record, and summarised paper record. It does not contain any letters from the hospitals or other attachments on your record. The advantage of applying for access to this record is that is updates as your medical record updates, so you will always have the most current information.

 

       If the Detailed Coded Record is not adequate for your needs, we will email you a copy of your medical record. If you are not able to receive an email containing your medical record, you will print a copy for you. There may be a charge to have a printed copy of the information held about you if the administrative burden of photocopying and printing is excessive.

 

       We are required to respond to you within 20 days

 

       You will need to give adequate information (for example full name, address, date of birth, NHS number and details of your request) so that your identity can be verified, and your records located information we hold about you at any time.

 

 

 

What should you do if your personal information changes?

 

You should tell us so that we can update our records please contact reception as soon as any of your details change, this is especially important for changes of address or contact details (such as your mobile phone number), the practice will from time to time ask you to confirm that the information we currently hold is accurate and up-to-date.

 

 

 

Objections / Complaints

 

Should you have any concerns about how your information is managed at the GP, please contact the Practice Manager or the Data Protection Officer (details below). If you are still unhappy following a review by the GP practice, you have a right to lodge a complaint with a supervisory authority: You have a right to complain to the UK supervisory Authority as below.

 

 

 

Information Commissioner:

 

Wycliffe house

 

Water Lane

 

Wilmslow

 

Cheshire 

 

SK9 5AF

 

 

 

Tel:       01625 545745

 

www.informationcommissioner.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 Manager.  

 

If you would like to know more about your rights in respect of the personal data we hold about you, please contact the Practice Manager.

 

 

 

Data Protection Officer:

 

The Practice Data Protection Officer is Judith Jordan. Any queries in regard to Data Protection issues should be addressed: -

 

 

 

Judith Jordan

 

NHS Arden and Greater East Midlands Commissioning Support Unit,

 

Westgate House, Market Street, Warwick,

 

CV34 4DE

 

 

 

Notification    

 

The General Data Protection Regulations 2018 requires organisations to register a notification with the Information Commissioner to describe the purposes for which they process personal and sensitive information.

 

This information is publicly available on the Information Commissioners Office website www.ico.org.uk

 

The practice is registered with the Information Commissioners Office (ICO).

 

 

 

Further Information:

 

Detailed Privacy Notices on how we manage your data in relation to the areas listed below can be obtained from our website or by asking one of our Reception team:

 

·         Care Quality Commission

 

·         Emergency Patient Care

 

·         Direct Patient Care

 

·         National Screening Programmes

 

·         Summary Care Records

 

·         NHS Digital

 

·         Public Health

 

·         Medical Research

 

·         Payments for Services

 

 

 

Changes:

 

It is important to point out that we may amend this Privacy Notice from time to time.  If you are dissatisfied with any aspect of our Privacy Notice, in the first instance please contact the Practice Manager.

 

 

 

Review Due

Reviewed

By Whom

June 2020

 

 

 

 

APPENDIX 1

 

Who are our service providers and sub-contractors?

 

We use a number of pieces of software and organisations outside of the NHS to facilitate your healthcare and enable our staff to contact you. These are as follows:

 

Name

Description

Can employees of the organisation access patient information?

GDPR statement

EMIS

Clinical system holds patient demographic and medical information – remote server

The servers and the connection to the practice are encrypted, so EMIS staff are not able to access patient information in this way. EMIS support staff are able to dial in remotely with the consent of our staff for problem solving.

This is only accessible with a support centre log in.  Please speak to the practice manager if you would like this information.

Chess Telecoms

Telephone system – voicemail recordings

All the recordings are physically located within the practice. Support staff from Chess are able to dial in remotely with the consent of our staff for problem solving.

 

MJog

SMS and smart messaging system between the practice and patients.

Patient’s emis (clinical system) numbers are uploaded to MJog website. The website has an encrypted link to the patient database which is interrogated for the patient’s name and mobile number. MJog employees would only have access to this identifiable information when troubleshooting – they will sometimes dial in to a staff member’s PC with the consent of the member of staff to fix a problem.

https://www.mjog.com/privacy-policy/

https://www.mjog.com/gdpr-approaches-new-data-protection-legislation/

https://www.mjog.com/data-protection-changes-weeks-away/

 

iGPR

iGPR is a software tool that assists us with creating insurance reports.

iGPR employees would only have access to this identifiable information when troubleshooting – they will sometimes dial in to a staff member’s PC with the consent of the member of staff to fix a problem.

http://www.igpr.co.uk/privacy/

 

Docman

Clinical software which holds patient letters and documents.

Docman support staff can remotely dial in with the consent of our staff for problem solving.

Waiting for information

Docmail

Docmail is an external printing and mailing agency which we use to send larges batches of letters.

Docmail staff can dial in remotely with the consent of our staff for problem solving.

 

http://www.cfhdocmail.com/tob.html

 

South Warwickshire Hospitals NHS Foundation Trust

The practice’s primary general IT support provider.

South Warwickshire Hospitals NHS Foundation Trust able to remotely dial in with the consent of our staff for problem solving.

Waiting for information

Shred-Pro

Shred paper on which is printed patient or other confidential data

Representative comes to site and collects the shredding bins full of paper and shreds on site.

Information regarding the service at https://www.restore.co.uk/Datashred/Services/Onsite-Shredding

 

Lexacom

Dictation software which clinical staff use to dictate letters for the secretaries to type.

Lexacom support staff are able to dial in remotely with the consent of our staff for problem solving.

Waiting for information

MDU / MPS /

Indemnity organisations

We will sometimes send by email or discuss by phone identifiable information when the organisation is supporting a GP in a patient complaint or litigation. Information will be redacted where possible.

https://www.themdu.com/privacy-policy

https://www.medicalprotection.org/home/privacy-cookies-policy

Numed

Numed provides software and support for our ECG machine.

Numed support staff can remotely dial in with the consent of our staff for problem solving.

https://www.numed.co.uk/gdpr-statement-of-compliance

 

Health Intelligence

Childhood immunisation reporting service

The Child Immunisation Reporting Service is operated by Health Intelligence (commissioned by the NHS Childhood Vaccination and Immunisations Service). This supports invitations childhood immunisations.

 

 

Marika Tech

Provision of the practice website

The web server automatically collects IP addresses of visitors to the Shipston Medical Centre website. 

Please see the website privacy policy at https://shipstonmc.warwickshire.nhs.uk/Privacy

 

 

 

Badgers Crescent, Shipston on Stour, Warwickshire, CV36 4BQ
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