General Data Protection Regulations
The GDPR requires practices to process data ‘fairly’ and in a ‘transparent manner’ which is ‘easily accessible and easy to understand’. This means that practices must provide information to patients about how the practice processes patient data in the form of ‘privacy notices’.
Our Privacy Notice
How we use your medical records - Important information for patients
Other important information about how your information is used to provide healthcare
More information can be found at: https://digital.nhs.uk/home or the phone number for general enquiries is 0300 303 5678
Identifying patients who might be at risk of certain diseases
Safeguarding
Sometimes we need to share information so that other people, including healthcare staff, children or others with safeguarding needs, are protected from risk of harm.
Detailed Practice privacy notices
To provide more detailed information for patients on exactly how we share information we have developed these four statements to cover the key elements of how we share information for
Provision of direct healthcare
Medical research and clinical audit
Legal requirements to share
National screening programmes.
At the end of this page are the legal statements for each section of how we use and share information
1 - Provision of direct care: How we use your information to provide you with healthcare
We will share relevant information from your medical record with other health or social care staff or organisations when they provide you with care. For example, your GP will share information when they refer you to a specialist in a hospital. Or your GP will send details about your prescription to your chosen pharmacy.
Healthcare staff working in A&E and Out of Hours care will also have access to your information. For example, it is important that staff who are treating you in an emergency know if you have any allergic reactions. This will involve the use of your Summary Care Record. For more information see: https://digital.nhs.uk/summary-care-record
You have the right to object to information being shared for your own care. Patients can find out more and set their opt-out choice at nhs.uk/your-nhs-data-matters or speak to the practice if you wish to object. You also have the right to have any mistakes or errors corrected.
2 - Medical Research and Clinical audit: How we share information from medical records
We share information from your medical record
This is important because:
We share information with the following medical research organisations with your explicit consent or when the law allows:
Q Surveillance - a real time surveillance system based from >3000 EMIS UK general practices which forms part of a critical part of the UK response to, for example, pandemic flu, natural chemical disasters etc.
It collects, analyses and reports disease rates, vaccine uptake by age and sex but NO individual patient data is extracted so there is no risk to patient confidentiality. It is run in collaboration with Nottingham University, EMIS ClinRisk Ltd and approved by BMA, MREC, NUG, RCGP. For more information please see http://www.qsurveillance.org
National Diabetes Audit - a legal requirement mandated by the Dept of Health which measures the effectiveness of diabetes healthcare against NICE Clinical Guidelines and NICE Quality Standards, in England and Wales. The NDA collects and analyses data for use by a range of stakeholders to drive changes and improvements in the quality of services and health outcomes for people with diabetes.
Information is collected at patient level but is anonymised so no individual patient can be identified. It is managed under an agreement by the Healthcare Quality Improvement Partnership (HQIP) on behalf of NHS England and the Welsh Government. The NDA is delivered by NHS Digital (previously known as 'the Health and Social Care Information Centre, HSCIC'), in partnership with Diabetes UK and the National Cardiovascular Intelligence Network (part of Public Health England). For further information please see https://digital.nhs.uk/data-and-information/clinical-audits-and-registries/our-clinical-audits-and-registries/national-diabetes-audit
For more information please see https://www.emishealth.com/products/risk-stratification
The reason we have to contribute to national clinical audits is so that healthcare can be checked and reviewed.
For more information about national clinical audits see the Healthcare Quality Improvements Partnership website: https://www.hqip.org.uk/ or phone 020 7997 737
You have the right to object to information being shared for research and clinical audit. Patients can find out more and set their opt-out choice at nhs.uk/your-nhs-data-matters or speak to the practice if you wish to object.
3 - Legal requirements to share information : how we meet legal requirements
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 local health protection team (or Public Health England) and when the law requires us to do so (for example in cases of safeguarding/suspected abuse).
We must also share your information if a court of law orders us to do so
NHS Digital
NHS Digital is a national body which has legal responsibilities to collect information about health and social care services. It collects information from across the NHS in England and provides reports on how the NHS is performing.
These reports help to plan and improve services to patients.
This practice must comply with the law and will send data to NHS Digital, for example, when it is told to do so by the Secretary of State for Health or NHS England under the Health and Social Care Act 2012. More information about NHS Digital and how it uses information can be found at https://digital.nhs.uk/home
Care Quality Commission (CQC)
The CQC regulates health and social care services to ensure that safe care is provided.
The law says that we must report certain serious events to the CQC, for example, when patient safety has been put at risk.
For more information about the CQC see: http://www.cqc.org.uk/
Public Health
The law requires us to share data for public health reasons, for example to prevent the spread of infectious diseases or other diseases which threaten the health of the population.
We will report the relevant information to local health protection team or Public Health England.
For more information about Public Health England and disease reporting see: https://www.gov.uk/guidance/notifiable-diseases-and-causative-organisms-how-to-report
4 - National Screening Programmes - how we share information
The NHS provides national screening programmes so that certain diseases can be detected at an early stage. These screening programmes include bowel cancer, breast cancer, cervical cancer, aortic aneurysms and a diabetic eye screening service.
The law allows us to share your contact information with Public Health England so that you can be invited to the relevant screening programme.
More information can be found at: https://www.gov.uk/topic/population-screening-programmes
LEGAL STUFF
Below are the four legal sections of information we are obliged tell you about in respect of the handling of your information for the purposes our providing you with a health care service. These cover the four areas described above
Provision of direct healthcare
Medical research and clinical audit
Legal requirements to share
National screening programmes.
Data Controller contact details
Dr Mitchell's Surgery
15 School Lane,
North Ferriby
HU14 3DB
Data Protection Officer contact details
Practice Manager
Dr Mitchell's Surgery
15 School Lane
North Ferriby
HU14 3DB
We are required by law to provide you with the following information about how we share your information for provision of direct healthcare
Purpose of the processing
To give direct health or social care to individual patients.
For example, when a patient agrees to a referral for direct care, such as to a hospital, relevant information about the patient will be shared with the other healthcare staff to enable them to give appropriate advice, investigations, treatments and/or care.
To check and review the quality of care. (This is called audit and clinical governance).
Lawful basis for processing
These purposes are supported under the following sections of the GDPR:
Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
Article 9(2)(h)‘necessary for the purposes of preventative 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 and services...”
Healthcare staff will also respect and comply with their obligations under the common law duty of confidence.
Recipient or categories of recipients of the processed data
The data will be shared with:
· healthcare professionals and staff in this surgery;
· local hospitals;
· out of hours services;
· diagnostic and treatment centres;
· or other organisations involved in the provision of direct care to individual patients including national screening bodies;
· medical research and clinical audit/risk stratification providers as above;
Rights to object
· You have the right to object to information being shared between those who are providing you with direct care.
· This may affect the care you receive – please speak to the practice.
· You are not able to object to your name, address and other demographic
information being sent to NHS Digital.
· This is necessary if you wish to be registered to receive NHS care.
· You are not able to object when information is legitimately shared for safeguarding reasons.
· In appropriate circumstances it is a legal and professional requirement to share information for safeguarding reasons. This is to protect people from harm.
· Such information will be shared with the local safeguarding service of the East Riding of Yorkshire Council and the Named Safeguarding Doctor/Nurse
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 or look at our ‘subject access request’ policy on the practice website Your Medical Records
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
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
Data we get from other organisations
We receive information about your health from other organisations who are involved in providing you with health and social care. For example, if you go to hospital for treatment or an operation the hospital will send us a letter to let us know what happens. This means your GP medical record is kept up-to date when you receive care from other parts of the health service.
We are required by law to provide you with the following information about how we share your information for medical research and clinical audit purposes.
Purpose of the processing
Medical research and to check the quality of care which is given to patients (this is called national clinical audit).
Lawful basis for processing
The following sections of the GDPR mean that we can use medical records for research and to check the quality of care (national clinical audits)
Article 6(1)(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’.
For medical research: there are two possible Article 9 conditions.
Article 9(2)(a) – ‘the data subject has given explicit consent…’
OR
Article 9(2)(j) – ‘processing is necessary for… scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on Union or Member States law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject’.
To check the quality of care (clinical audit):
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
For medical research the data will be shared with EMIS Clinical Systems QSurveillance programme and risk stratification programme.
For national clinical audits which check the quality of care the data will be shared with NHS Digital.
Rights to object and the national data opt-out
You have a choice about whether you want your confidential patient information to be used for national clincial audits. If you are happy with this use of information you do not need to do anything. If you do choose to opt-out your confidential patient information will still be used to support your individual care.
To find out more or to register your choice to opt out, please visitwww.nhs.uk/your-nhs-data-matters. On this web page you will:
You can also find out more about how patient information is used at:
https://www.hra.nhs.uk/information-about-patients/ (which covers health and care research); and
https://understandingpatientdata.org.uk/what-you-need-know (which covers how and why patient information is used, the safeguards and how decisions are made)
You can change your mind about your choice at any time.
Data being used or shared for national purposes beyond individual care does not include your data being shared with insurance companies or used for marketing purposes and data would only be used in this way with your specific agreement.
Health and care organisations have until 2020 to put systems and processes in place so they can apply your national data opt-out choice. Our organisation is not currently able to apply your national data opt-out choice to any confidential patient information we may use or share with other organisations for purposes beyond your individual care
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 or look at our policy on the practice website Your Medical Records
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 linkhttps://ico.org.uk/global/contact-us/ or call the helpline 0303 123 1113
We are required by law to provide you with the following information about how we handle your information and our legal obligations to share data.
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.
The national data op-out model is intended to provide you with an easy way of opting-out of identifiable data being used for health service planning and research purposes, including when it is shared by NHS Digital for these reasons.
To find out more or to register your choice to opt out, please visitwww.nhs.uk/your-nhs-data-matters
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 or look at our policy on the practice website Your Medical Records
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
We are required by law to provide you with the following information about how we handle your information in relation to our legal obligations to share data for national screening programmes.
Purpose of the processing
· The NHS provides several national health screening programmes to detect diseases or conditions early such as cervical and breast cancer, aortic aneurysm and diabetes.
· The information is shared so that the correct people are invited for screening. This means those who are most at risk can be offered treatment.
Lawful basis for processing
The following sections of the GDPR allow us to contact patients for screening.
Article 6(1)(e) – ‘processing is necessary…in the exercise of official authority vested in the controller...’’
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 Public Health England
https://www.gov.uk/topic/population-screening-programmes
Rights to object
For national screening programmes: you can opt so that you no longer receive an invitation to a screening programme.
See: https://www.gov.uk/government/publications/opting-out-of-the-nhs-population-screening-programmes or speak to the practice.
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 or look at our ‘subject access request’ policy on the practice website Your Medical Records
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 can be 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 linkhttps://ico.org.uk/global/contact-us/ or call the helpline 0303 123 1113
Data we get from other organisations
We receive information about your health from other organisations who are involved in providing you with health and social care. For example, if you go to hospital for treatment or an operation the hospital will send us a letter to let us know what happens. This means your GP medical record is kept up-to date when you receive care from other parts of the health service.