Northiam & Broad Oak Surgery

How we Protect your Personal Data

As a practice we hold your personal information and details of any care you have received.  Your data is held securely in compliance with all legislation.

Summary data, (details of medication, allergies etc.) is held centrally and available should you require treatment anywhere in the NHS. However, your detailed medical history is not shared and can only be accessed by staff within the practice. 

We will not share any data without your consent unless there are exceptional (life or death) circumstances or where the law requires.

You have the right to see your personal information and we can provide you with access to your records.
Your data does contribute to the production of overall NHS statistics but personal details that would identify you are never part of this analysis. We will also use your information in reviewing prescribed medications and in preventative screening.

The details of all the areas where your data is stored or could be used are listed below. Full details of these are available from reception or by using the links below

Privacy Notice:  Direct Care  (routine care and referrals)
Purpose:
Direct Care is care delivered to you alone and most care is provided from this surgery.
 
If you agree to a referral for direct care elsewhere, such as a referral to a specialist in a hospital, necessary and relevant information about you, your circumstances and your problem will need to be shared with the other healthcare workers, such as specialist, therapists, technicians etc. The information that is shared is to enable the other healthcare workers to provide the most appropriate advice, investigations, treatments, therapies and or care.
What are my Options?
By registering with this Practice you are agreeing that your detailed medical records can be used by the Practice to provide care and services.
 
What is the impact?
Removing your medical records from this Practice would mean we would be unable to provide you with continuing care.

This practice keeps a full history of you and your care.

This covers who you are, where you live, what you do, your family, possibly your friends, your employers, your habits, your problems and diagnoses, the reasons you seek help, your appointments, where you are seen and when you are seen, who by, referrals to specialists and other healthcare providers, tests carried out here and in other places, investigations and scans, treatments and outcomes of treatments, your treatment history, the observations and opinions of other healthcare workers, within and without the NHS as well as comments and aide memoires reasonably made by healthcare professionals in this practice who are appropriately involved in your health care.

When registering for NHS care, all patients who receive NHS care are registered on a national database, the database is held by NHS Digital which has legal responsibilities to collect NHS
Not all of your care is provided by your GP and your details are available to others in the Practice who deliver care and other services.

If your health needs require care from others outside this practice we will exchange whatever information about you that is necessary for them to provide that care. When you make contact with healthcare providers outside the practice but within the NHS it is usual for them to send us information relating to that encounter. We will retain part or all of those reports. Normally we will receive equivalent reports of contacts you have with non NHS services but this is not always the case.
Your consent to this sharing of data, within the practice and with those others outside the practice is assumed and is allowed by the Law.

You have the right to object to our sharing your data in these circumstances but we have an overriding responsibility to do what is in your best interests.
 

Privacy Notice: Summary Care Record
Purpose:

Provides a summary of your data that can be accessed elsewhere in the NHS

What are my Options?
You have the right to object to our sharing your data in these circumstances and you can ask your GP to block uploads.
 
What is the impact?
Opting out would mean that if you are treated elsewhere in the NHS, for example in A&E, without a SCR record those treating you would not have any record of allergies or medication.

The Summary Care Record consists of a basic medical record held on a central government database on every patient registered with a GP surgery in England.

The basic data is automatically extracted from our systems and uploaded to the central system.  GPs are required by their contract with the NHS to allow this upload. The basic upload consists of current medication, allergies and details of any previous bad reactions to medicines, the name, address, date of birth and NHS number of the patient.

The Summary Care Record can be expanded with addition detailed data but this will not happen unless you specifically request the data be added and provide your consent.

Summary Care Records can only be viewed within the NHS on NHS smartcard controlled screens or by organisation, such as pharmacies, contracted to the NHS.

You can find out more about the SCR here https://digital.nhs.uk/summary-care-records

 
Privacy Notice:  Direct Care - Emergencies
Purpose:

Doctors have a professional responsibility to share data in emergencies to protect their patients or other persons. Often in emergency situations the patient is unable to provide consent.

What are my Options?
You have the right to make pre-determined decisions about the type and extent of care you will receive should you fall ill in the future, these are known as “Advance Directives”.
 
What is the impact?
If an Advance Directive is lodged in your records, these will normally be honoured despite the observations in the first paragraph.

There are occasions when intervention is necessary in order to save or protect a patient’s life or to prevent them from serious immediate harm, for instance during a collapse or diabetic coma or serious injury or accident. In many of these circumstances the patient may be unconscious or too ill to communicate. In these circumstances we have an overriding duty to try to protect and treat the patient. If necessary we will share your information and possibly sensitive confidential information with other emergency healthcare services, the police or fire brigade, so that you can receive the best treatment.

The law acknowledges this and provides supporting legal justifications.

Individuals have the right to make pre-determined decisions about the type and extend of care they will receive should they fall ill in the future, these are known as “Advance Directives”.  If lodged in your records, these will normally be honoured despite the observations in the first paragraph.
Privacy Notice:  Safeguarding
Purpose:

The purpose of the processing is to protect the child or vulnerable adult and the Practice is required by Law to share information with relevant bodies.

What are my Options?
None, we have legal obligations to share certain data in certain circumstances.

Some members of society are recognised as needing protection, for example children and vulnerable adults. If a person is identified as being at risk from harm we are expected as professionals to do what we can to protect them. In addition we are bound by certain specific laws that exist to protect individuals. This is called “Safeguarding”.

Where there is a suspected or actual safeguarding issue we will share information that we hold with other relevant agencies whether or not the individual or their representative agrees.

There are three laws that allow us to do this without relying on the individual or their representatives agreement (unconsented processing), these are:
Section 47 of The Children Act 1989 :
(https://www.legislation.gov.uk/ukpga/1989/41/section/47),
Section 29 of Data Protection Act (prevention of crime) https://www.legislation.gov.uk/ukpga/1998/29/section/29

 
Privacy Notice:  Public Health
Purpose:

There are occasions when medical data needs to be shared with Public Health England, the Local Authority Director of Public Health, or the Health Protection Agency, either under a legal obligation or for reasons of public interest or their equivalents in the devolved nations.

What are my Options?
None, we have legal obligations to share certain types of information.

Public health encompasses everything from national smoking and alcohol policies, the management of epidemics such as flu, the control of large scale infections such as TB and Hepatitis B to local outbreaks of food poisoning or Measles.

Certain illnesses are also notifiable; the doctors treating the patient are required by law to inform the Public Health Authorities, for instance Scarlet Fever.

This will necessarily mean your personal and health information being shared with the Public Health organisations.

Some of the relevant legislation includes:
the Health Protection (Notification) Regulations 2010 (SI 2010/659),
the Health Protection (Local Authority Powers) Regulations 2010 (SI 2010/657),
the Health Protection (Part 2A Orders) Regulations 2010 (SI 2010/658),
Public Health (Control of Disease) Act 1984,
Public Health (Infectious Diseases) Regulations 1988 and
The Health Service (Control of Patient Information) Regulations 2002

 
Privacy Notice: NHS Digital
Purpose:

To provide the Secretary of State and others with information and reports on the status, activity and performance of the NHS. The provide specific reporting functions on identified

What are my Options?
None, the Practice is required by law to provide information when required.
 
What is the impact?
Removing your medical records from this Practice would mean we would be unable to provide you with continuing care.

NHS Digital is the secure central database of NHS patient data.
NHS Digital provides reports on the performance of the NHS, statistical information, audits and patient outcomes (https://digital.nhs.uk/data-and-information). These include general statistics, for example A/E and outpatient waiting times and more specific targeted data collections and reports such as English National Diabetes Audits.
GPs are required by the Health and Social Care Act to provide NHS Digital with information when instructed. This is a legal obligation which overrides any patient wishes. These instructions are called “Directions”.
More information on the directions placed on GPs can be found at https://digital.nhs.uk/article/8059/NHS-England-Directions- and www.nhsdatasharing.info

 

Privacy Notice:  Payments

Purpose:

To enable GPs to receive payments. To provide accountability.

What are my Options?
None.

This Practice is a Contract holding GPs and receives receive payments from the government on a tiered basis.

Most of the income is derived according to the number of patients registered with the practice. The amount paid per patient per quarter varies according to the age, sex and other demographic details for each patient.

There are also graduated payments made according to the practice’s achievement of certain agreed national quality targets known as the Quality and Outcomes Framework (QUOF), for example the proportion of diabetic patients who have had an annual review.

Practices can also receive payments for participating in agreed national or local enhanced services, for instance opening early in the morning or late at night or at the weekends.

Practices can also receive payments for certain national initiatives such as immunisation programs. There are also short term initiatives and projects that practices can take part in.

Practices or GPs may also receive income for participating in the education of medical students, junior doctors and GPs themselves as well as research2.

In order to make patient based payments basic and relevant necessary data about you needs to be sent to the various payment services. The release of this data is required by English law. 

Privacy Notice:  National Screening Programmes

Purpose:

The NHS provides several national health screening programs to detect diseases or conditions earlier such as; cervical and breast cancer, aortic aneurysm and diabetes. The information is shared so as to ensure only those who should be called for screening, are called, and or those at highest risk are prioritised.

What are my Options?
None, the law allows us to share your contact information with Public Health England so that you can be invited to the relevant screening programme.

The NHS provides national screening programmes so that certain diseases can be detected at an early stage. These currently apply to bowel cancer, breast cancer, aortic aneurysms and diabetic retinal 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


 
Privacy Notice:  Care Quality Commission (CQC)

Purpose:
 
The CQC provide the Secretary of State and others with information and reports on the status, activity and performance of this practice.

What are my Options?
None, the CQC have legal rights to access certain types of data.

The Care Quality Commission (CQC) is an organisation established in English law by the Health and Social Care Act. The CQC is the regulator for English Health and Social Care services to ensure that safe care is provided. They inspect and produce reports on all English general practices in a rolling 5 year program. The law allows CQC to access identifiable patient data as well as requiring this practice to share certain types of data with them in certain circumstances, for instance following a significant safety incident.

For more information about the CQC see: http://www.cqc.org.uk/

 
Privacy Notice: NHS Planning
Purpose:

The practice searches some or all records to identify individuals who may be at increased risk of certain conditions or diagnoses i.e. Diabetes, heart disease, risk of falling.

What are my Options?
You have the right to object to our processing your data in these circumstances and before any decision based upon that processing is made about you. 

What is the impact?
Without your data we may not be able to identify preventative interventions based on your risk factors.

This data the practice holds for you is to identify preventive interventions.

The results may then be shared with other healthcare workers, such as specialist, therapists, technicians etc. The information that is shared is to enable the other healthcare workers to provide the most appropriate advice, investigations, treatments, therapies and or care.

The data we hold may be linked with data held elsewhere by other organisations, and usually processed by organisations within or bound by contracts with the NHS. If any processing of this data occurs outside the practice it will be anonymous and your identity will not be visible to the processors.  Only this practice will be able to identify you and the results of any calculated factors, for example, your risk of having a heart attack in the next 10 years.

Processing of this type is only lawfully allowed where it results in individuals being identified with their associated calculated risk. It is not lawful for this processing to be used for other purposes, such as “health analytics” and we do not support any such activity.

We have an overriding responsibility to do what is in your best interests. If we identify you as being at significant risk of having, for example a heart attack or stroke, we are justified in performing that processing.


 
Privacy Notice: Medical Research

Purpose: 

Medical research.

What are my Options?
You have the right to object to your identifiable information being used or shared for medical research purposes. Please speak to the practice if you wish to object.
 
What is the impact?
We would not identify you to take part in any medical research.

This practice from time-to-time may participate in research programmes.

We do not share any information with the following medical research organisations although we may also use your medical records to carry out research within the practice.

We will only agree to participate in any project if there is an agreed clearly defined reason for the research that is likely to benefit healthcare and patients. Such proposals will normally have a consent process, ethics committee approval, and will be in line with the principles of Article 89(1) of GDPR.

Research organisations do not usually approach patients directly but will ask us to identify and make contact with suitable patients to seek their consent.  In certain circumstances research can be authorised under law without the need to obtain consent. This is known as the section 251 arrangement.

 

General Data Protection Regulations

We are required by Articles in the General Data Protection Regulations to provide you with the information in the following 9 subsections. These cover details of the Data Controller and Data Protection officer along why we hold the data, what it is used.

1) Data Controller:   Dr P.M. James
2) Data Protection Officer:   Dr P.M. James
3) Purpose of the  processing:            Details of the purpose of each Privacy Notice are listed in the individual Privacy Notices described above.
4) Lawful basis for processing:   The processing of personal data in the delivery of direct care and for providers’ administrative purposes in this surgery and in support of direct care elsewhere  is supported under the following Article 6 and 9 conditions of the GDPR:
Article 6(1)(c) “processing is necessary for compliance with a legal obligation to which the controller is subject.”
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...” 
5) Recipient or categories of recipients of the processed data:        The data will be shared with Health and care professionals and support staff in this surgery and at hospitals, diagnostic and treatment centres who contribute to your personal care.  [if possible list actual named sites such as local hospital)(s) name]
6) Rights to object:   You have the right to object to some or all the information being processed under Article 21. Please contact the Data Controller or the practice. You should be aware that this is a right to raise an objection, that is not the same as having an absolute right to have your wishes granted in every circumstance
7) Right to access and correct:  You have the right to access the data that is being shared and have any inaccuracies corrected. There is no right to have accurate medical records deleted except when ordered by a court of Law.
8) Retention period: The data will be retained in line with the law and national guidance.
https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016  or speak to the practice.
9)  Right to Complain: You have the right to complain to the Information Commissioner’s Office, you can use this link https://ico.org.uk/global/contact-us/  or by calling their helpline Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)