This website uses cookies to function correctly.
You may delete cookies at any time but doing so may result in some parts of the site not working correctly.
 

GDPR - Privacy Notices

Privacy Notice – Care Quality Commission

Plain English explanation

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: https://www.cqc.org.uk/

 

1) Data Controller contact details

 

 

Ballater Surgery, 108 Chislehurst Road, Orpington, BR6 0DP

2) Data Protection Officer contact details

 

 

Dr Bart Tyszka, Tel: 01689 826664, broccg.ballatersurgery@nhs.net

3) Purpose of the processing

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 indentified

4) Lawful basis for processing

The legal basis will be

Article 6(1)(c) “processing is necessary for compliance with a legal obligation to which the controller is subject.”

And

Article 9(2)(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 and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;”

5) Recipient or categories of recipients of the shared data

The data will be shared with the Care Quality Commission, its officers and staff and members of the inspection teams that visit us from time to time.

6) Rights to object

You have the right to object to some or all of the information being shared with NHS Digital. Contact the Data Controller or the practice.

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 for active use during the processing and thereafter according to NHS Policies and the law.

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 calling their helpline Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website)/

Privacy Notice - Direct Care - Emergencies

There are occasions when intervention is necessary in order to save or protect a patients 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.

 

1) Data Controller contact details

 

 

Ballater Surgery, 108 Chislehurst Road, Orpington, BR6 0DP

2) Data Protection Officer contact details

 

 

Dr Bart Tyszka, Tel: 01689 826664, broccg.ballatersurgery@nhs.net

3) Purpose of the processing

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.

4) Lawful basis for processing

This is a Direct Care purpose. There is a specific legal justification;

Article 6(1)(d) “processing is necessary to protect the vital interests of the data subject or of another natural person”

And

Article 9(2)(c) “processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent”

Or alternatively

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...” 

 

We will also recognise your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality”*

5) Recipient or categories of recipients of the shared data

The data will be shared with Healthcare professionals and other workers in emergency and out of hours services and at local hospitals, diagnostic and treatment centres.  (if preferred list actual named services)

6) Rights to object

You have the right to object to some or all of the information being shared with the recipients. Contact the Data Controller or the practice.

You also have the right to have an “Advance Directive” placed in your records and brought to the attention of relevant healthcare workers or staff. 

 

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. If we share or process your data in an emergency when you have not been able to consent, we will notify you at the earliest opportunity.

8) Retention period

The data will be retained in line with the law and national guidance

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 calling their helpline Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website)

* “Common Law Duty of Confidentiality”, common law is not written out in one document like an Act of Parliament. It is a form of law based on previous court cases decided by judges; hence, it is also referred to as 'judge-made' or case law. The law is applied by reference to those previous cases, so common law is also said to be based on precedent.

The general position is that if information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information provider's consent.

In practice, this means that all patient information, whether held on paper, computer, visually or audio recorded, or held in the memory of the professional, must not normally be disclosed without the consent of the patient. It is irrelevant how old the patient is or what the state of their mental health is; the duty still applies.

Three circumstances making disclosure of confidential information lawful are:

  • where the individual to whom the information relates has consented;
  • where disclosure is in the public interest; and
  • where there is a legal duty to do so, for example a court order.

Privacy Notice – Direct Care, (routine care and referrals)

Plain English explanation

This practice keeps data on you relating to 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 a national organisation which has legal responsibilities to collect NHS

 

GPs have always delegated tasks and responsibilities to others that work with them in their surgeries, on average an NHS GP has between 1,500 to 2,500 patients for whom he or she is accountable. It is not possible for the GP to provide hands on personal care for each and every one of those patients in those circumstances, for this reason GPs share your care with others, predominantly within the surgery but occasionally with outside organisations.

If your health needs require care from others elsewhere outside this practice we will exchange with them 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.

 

People who have access to your information will only normally have access to that which they need to fulfil their roles, for instance admin staff will normally only see your name, address, contact details, appointment history and registration details in order to book appointments, the practice nurses will normally have access to your immunisation, treatment, significant active and important past histories, your allergies and relevant recent contacts whilst the GP you see or speak to will normally have access to everything in your record.

 

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. Please see below.

 

We are required by Articles in the General Data Protection Regulations to provide you with the information in the following 9 subsections.

 

 1) Data Controller contact details

 

Ballater Surgery, 108 Chislehurst Road, Orpington, BR6 0DP

2) Data Protection Officer contact details

 

 

Dr Bart Tyszka, Tel: 01689 826664, broccg.ballatersurgery@nhs.net

3) Purpose of the  processing

Direct Care is care delivered to the individual alone, most of which is provided in the surgery. After a patient agrees to a referral for direct care elsewhere, such as a referral to a specialist in a hospital, necessary and relevant information about the patient, their circumstances and their 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.

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)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’.

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...” 

 

We will also recognise your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality”*

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 calling their helpline Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website)

* “Common Law Duty of Confidentiality”, common law is not written out in one document like an Act of Parliament. It is a form of law based on previous court cases decided by judges; hence, it is also referred to as 'judge-made' or case law. The law is applied by reference to those previous cases, so common law is also said to be based on precedent.

The general position is that if information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information provider's consent.

In practice, this means that all patient information, whether held on paper, computer, visually or audio recorded, or held in the memory of the professional, must not normally be disclosed without the consent of the patient. It is irrelevant how old the patient is or what the state of their mental health is; the duty still applies.

Three circumstances making disclosure of confidential information lawful are:

  • where the individual to whom the information relates has consented;
  • where disclosure is in the public interest; and
  • where there is a legal duty to do so, for example a court order.

Privacy Notice – National screening programs

Plain English explanation

 

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  or speak to the practice

1) Data Controller contact details

 

 

Ballater Surgery, 108 Chislehurst Road, Orpington, BR6 0DP

2) Data Protection Officer contact details

 

 

Dr Bart Tyszka, Tel: 01689 826664, broccg.ballatersurgery@nhs.net

3) Purpose of the processing

The NHS provides several national health screening programs to detect diseases or conditions earlier such as; cervical and breast cancer, aortic aneurysm and diabetes. More information can be found at https://www.gov.uk/topic/population-screening-programmes 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.

 

4) Lawful basis for processing

The sharing is to support Direct Care which is covered under

 

Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’

 

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...” 

 

We will also recognise your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality”*

5) Recipient or categories of recipients of the shared data

The data will be shared with [insert name of local service providers]

6) Rights to object

You have the right to object to this processing of your data and to some or all of the information being shared with the recipients. Contact the Data Controller or the practice. 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 your practice.

 

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

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.

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 calling their helpline Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website)

 

* “Common Law Duty of Confidentiality”, common law is not written out in one document like an Act of Parliament. It is a form of law based on previous court cases decided by judges; hence, it is also referred to as 'judge-made' or case law. The law is applied by reference to those previous cases, so common law is also said to be based on precedent.

The general position is that if information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information provider's consent.

In practice, this means that all patient information, whether held on paper, computer, visually or audio recorded, or held in the memory of the professional, must not normally be disclosed without the consent of the patient. It is irrelevant how old the patient is or what the state of their mental health is; the duty still applies.

Three circumstances making disclosure of confidential information lawful are:

  • where the individual to whom the information relates has consented;
  • where disclosure is in the public interest; and
  • where there is a legal duty to do so, for example a court order.

 

Privacy Notice – NHS Digital

NHS Digital is the secure haven for NHS patient data, a single secure repository where data collected from all branches of the NHS is processed. NHS Digital provides reports on the performance of the NHS, statistical information, audits and patient outcomes (https://digital.nhs.uk/data-and-information). Examples include; A/E and outpatient waiting times, the numbers of staff in the NHS, percentage target achievements, payments to GPs etc and more specific targeted data collections and reports such as the Female Genital Mutilation, general practice appointments data and 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

 

1) Data Controller contact details

 

 

Ballater Surgery, 108 Chislehurst Road, Orpington, BR6 0DP

2) Data Protection Officer contact details

 

 

Dr Bart Tyszka, Tel: 01689 826664, broccg.ballatersurgery@nhs.net

3) Purpose of the processing

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 indentified

4) Lawful basis for processing

The legal basis will be

Article 6(1)(c) “processing is necessary for compliance with a legal obligation to which the controller is subject.”

And

Article 9(2)(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 and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;”

5) Recipient or categories of recipients of the shared data

The data will be shared with NHS Digital according to directions which can be found at https://digital.nhs.uk/article/8059/NHS-England-Directions-

 

6) Rights to object

You have the right to object to some or all of the information being shared with NHS Digital. Contact the Data Controller or the practice.

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 for active use during the processing and thereafter according to NHS Policies and the law.

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 calling their helpline Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website)/

 

 Privacy Notice – Payments

 

Plain English explanation

 

Contract holding GPs in the UK receive payments from their respective governments on a tiered basis. Most of the income is derived from baseline capitation payments made according to the number of patients registered with the practice on quarterly payment days. These 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 (QOF), for instance 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 and practices may also receive incomes relating to a variety of non patient related elements such as premises. Finally there are 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 laws1

 

We are required by Articles in the General Data Protection Regulations to provide you with the information in the following 9 subsections.

1) Data Controller contact details

 

 

Ballater Surgery, 108 Chislehurst Road, Orpington, BR6 0DP

2) Data Protection Officer contact details

 

 

Dr Bart Tyszka, Tel: 01689 826664, broccg.ballatersurgery@nhs.net

3) Purpose of the  processing

To enable GPs to receive payments. To provide accountability.

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 calling their helpline Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website)

 

1, NHS England’s powers to commission health services under the NHS Act 2006 or to delegate such powers to CCGs and the GMS regulations 2004 (73)1

2, For more information about payments the English GPs please see; https://digital.nhs.uk/NHAIS/gp-payments , https://digital.nhs.uk/catalogue/PUB30089 and http://www.nhshistory.net/gppay.pdf

 

Public Health Privacy Notice

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 the subjects 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

 

1) Data Controller contact details

Ballater Surgery, 108 Chislehurst Road, Orpington, BR6 0DP

2) Data Protection Officer contact details

Dr Bart Tyszka, Tel: 01689 826664, broccg.ballatersurgery@nhs.net

3) Purpose of the processing

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.

4) Lawful basis for processing

The legal basis will be

Article 6(1)(c) “processing is necessary for compliance with a legal obligation to which the controller is subject.”

And

Article 9(2)(i) “processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices,..”

5) Recipient or categories of recipients of the shared data

The data will be shared with Public Health England https://www.gov.uk/government/organisations/public-health-england and equivalents in the devolved nations.

6) Rights to object

You have the right to object to some or all of the information being shared with the recipients. Contact the Data Controller or the practice.

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 for active use during the period of the public interest and according to legal requirements and Public Health England’s criteria on storing identifiable data
https://www.gov.uk/government/organisations/public-health-england/about/personal-information-charter.

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 calling their helpline Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website)/

 

Privacy Notice - Research

Plain English explanation

 

This practice participates in research. 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 make contact with suitable patients to seek their consent. Occasionally research can be authorised under law without the need to obtain consent. This is known as the section 251 arrangement1. We may also use your medical records to carry out research within the practice.

We share information with the following medical research organisations with your explicit consent or when the law allows: - we are not involved in any research

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.

 

1) Data Controller contact details

 

 

Ballater Surgery, 108 Chislehurst Road, Orpington, BR6 0DP

2) Data Protection Officer contact details

 

 

Dr Bart Tyszka, Tel: 01689 826664, broccg.ballatersurgery@nhs.net

3) Purpose of the sharing

Medical research.

 

4) Lawful basis for processing or sharing

Identifiable data will be shared with researchers either with explicit consent or, where the law allows, without consent. The lawful justifications are;

 

Article 6(1)(a)the data subject has given consent to the processing of his or her personal data for one or more specific purposes”

 

or [most research organisations are using 6(1)(e) – you could use either]

 

Article 6(1)(e) may apply “necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller”

 

And in addition there are three possible Article 9 justifications. [practices should select the appropriate condition]

 

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’.

 

or

 

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...’

 

5) Recipient or categories of recipients of the shared data

The data will be shared with [insert name and URLs of research organisations]

6) Rights to object

You do not have to consent to your data being used for research. You can change your mind and withdraw your consent at any time. Contact the Data Controller or the practice.

7) Right to access and correct

You have the right to access any identifiable data that is being shared and have any inaccuracies corrected.

8) Retention period

The data will be retained for the period as specified in the specific research protocol(s).

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 calling their helpline Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website)

 1, Section 251 and the NHS Act, Health Research Authority. https://www.dropbox.com/s/sekq3trav2s58xw/Official%20Section%20251%20guidance%20Health%20Research%20Authority.pdf?dl=0

Privacy Notice – Comissioning, Planning, risk stratification, patient identification

Plain English explanation

 

The records we keep enable us to plan for your care.

 

This practice keeps data on you that we apply searches and algorithms to in order to identify from preventive interventions. 

 

This means using only the data we hold or in certain circumstances linking that data to 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 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, such as your risk of having a heart attack in the next 10 years or your risk of being admitted to hospital with a complication of chest disease

 

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. 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 ill defined purposes, such as “health analytics”.

 

Despite this 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.

 

We are required by Articles in the General Data Protection Regulations to provide you with the information in the following 9 subsections.

 

1) Data Controller contact details

 

 

Ballater Surgery, 108 Chislehurst Road, Orpington, BR6 0DP

 

2) Data Protection Officer contact details

Dr Bart Tyszka, Tel: 01689 826664, broccg.ballatersurgery@nhs.net

 

3) Purpose of the processing

The practice performs computerised searches of some or all of our records to identify individuals who may be at increased risk of certain conditions or diagnoses i.e. Diabetes, heart disease, risk of falling). Your records may be amongst those searched. This is often called “risk stratification” or “case finding”. These searches are sometimes carried out by Data Processors who link our records to other records that they access, such as hospital attendance records. The results of these searches and assessment 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.

 

4) Lawful basis for processing

The legal basis for this processing is

Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’

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...”

 

We will rcognise your rights under UK Law collectively known as the “Common Law Duty of Confidentiality”*

 

 

5) Recipient or categories of recipients of the shared data

The data will be shared for processing with [insert any Data processor] and for subsequent healthcare with [insert CCG/ PCO/ frailty service etc]

 

6) Rights to object

You have the right to object to this processing where it might result in a decision being made about you. That right may be based either on implied consent under the Common Law of Confidentiality, Article 22 of GDPR or as a condition of a Section 251 approval under the HSCA. It can apply to some or all of the information being shared with the recipients. Your right to object is in relation to your personal circumstances. Contact the Data Controller or the practice.

 

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 calling their helpline Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website)

 

 

* “Common Law Duty of Confidentiality”, common law is not written out in one document like an Act of Parliament. It is a form of law based on previous court cases decided by judges; hence, it is also referred to as 'judge-made' or case law. The law is applied by reference to those previous cases, so common law is also said to be based on precedent.

The general position is that if information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information provider's consent.

In practice, this means that all patient information, whether held on paper, computer, visually or audio recorded, or held in the memory of the professional, must not normally be disclosed without the consent of the patient. It is irrelevant how old the patient is or what the state of their mental health is; the duty still applies.

Three circumstances making disclosure of confidential information lawful are:

  • where the individual to whom the information relates has consented;
  • where disclosure is in the public interest; and
  • where there is a legal duty to do so, for example a court order.

 

Privacy Notice - Safeguarding

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

and

section 45 of the Care Act 2014 http://www.legislation.gov.uk/ukpga/2014/23/section/45/enacted.

 

In addition there are circumstances when we will seek the agreement (consented processing) of the individual or their representative to share information with local child protection services, the relevant law being; section 17 Childrens Act 1989 https://www.legislation.gov.uk/ukpga/1989/41/section/17

 

 

1) Data Controller contact details

 

Ballater Surgery, 108 Chislehurst Road, Orpington, BR6 0DP

2) Data Protection Officer contact details

 

Dr Bart Tyszka, Tel: 01689 826664, broccg.ballatersurgery@nhs.net

3) Purpose of the processing

The purpose of the processing is to protect the child or vulnerable adult.

4) Lawful basis for processing

The sharing is a legal requirement to protect vulnerable children or adults, therefore for the purposes of safeguarding children and vulnerable adults, the following Article 6 and 9 conditions apply:

For consented processing;

6(1)(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes

For unconsented processing;

6(1)(c) processing is necessary for compliance with a legal obligation to which the controller is subject

and:

9(2)(b) ‘...is necessary for the purposes of carrying out the obligations and exercising the specific rights of the controller or of the data subject in the field of ...social protection law in so far as it is authorised by Union or Member State law..’

We will consider your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality”*

5) Recipient or categories of recipients of the shared data

The data will be shared with [insert local safeguarding services names and contact details]

6) Rights to object

This sharing is a legal and professional requirememt and therefore there is no right to object.

 

There is also GMC guidance:

https://www.gmc-uk.org/guidance/ethical_guidance/children_guidance_56_63_child_protection.asp

7) Right to access and correct

The DSs or legal representatives has 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 for active use during any investigation and thereafter retained in an inactive stored form according to the law and national guidance

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 calling their helpline Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website)

 

* “Common Law Duty of Confidentiality”, common law is not written out in one document like an Act of Parliament. It is a form of law based on previous court cases decided by judges; hence, it is also referred to as 'judge-made' or case law. The law is applied by reference to those previous cases, so common law is also said to be based on precedent.

The general position is that if information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information provider's consent.

In practice, this means that all patient information, whether held on paper, computer, visually or audio recorded, or held in the memory of the professional, must not normally be disclosed without the consent of the patient. It is irrelevant how old the patient is or what the state of their mental health is; the duty still applies.

Three circumstances making disclosure of confidential information lawful are:

  • where the individual to whom the information relates has consented;
  • where disclosure is in the public interest; and
  • where there is a legal duty to do so, for example a court order.

 

 

 



 
Call 111 when you need medical help fast but it’s not a 999 emergencyNHS ChoicesThis site is brought to you by My Surgery Website