Updated Privacy Notice – February 2022

PRACTICE PRIVACY NOTICE FOR PATIENTS

What is a Privacy Notice?

A Privacy Notice (or ‘Fair Processing Notice’) is an explanation of what information the Practice collects on patients, and how it is used. Being transparent and providing clear information to patients about how a Practice uses their personal data is an essential requirement of the Data Protection Act (DPA) 1998.

Under the DPA, the first principle is to process personal data in a fair and lawful manner, and applies to everything that is done with patient’s personal information. In practice, this means that the Practice must;

  • have legitimate reasons for the use or collection of personal data
  • not use the data in a way that may cause adverse effects on the individuals (e.g. improper sharing of their information with 3rd parties)
  • be transparent about how the data will be used, and give appropriate privacy notices when collecting their personal data
  • handle personal data only as reasonably expected to do so
  • make no unlawful use of the collected data

Fair Processing

Personal data must be processed in a fair manner – the DPA says that information should be treated as being obtained fairly if it is provided by a person who is legally authorised or required to provide it. Fair Processing means that the Practice has to be clear and open with people about how their information is used.

Providing a ‘Privacy Notice’ is a way of stating the Practice’s commitment to being transparent and is a part of fair processing, however you also need to consider the effects of processing on the individuals and patients concerned;

  • What information are we collecting?
  • Who collects the data?
  • How is it collected?
  • Why do we collect it?
  • How will we use the data?
  • Who will we share it with?
  • What is the effect on the individuals?
  • If we use it as intended, will it cause individuals to object or complain?

Conducting a Privacy Impact Assessment (PIA) is an effective way of assessing whether you can safely collect or use patient data according to the DPA and Information Governance requirements. The Information Commissioners’ Office has published guidance on carrying out a PIA and can be found here;

https://ico.org.uk/media/for-organisations/documents/1595/pia-code-of-practice.pdf

Data Controllers

Under the Data Protection Act, the data controller is the person or organisation that will decide the purpose and the manner in which any personal data will be processed – they have overall control of the data they collect, and decide how and why it will be processed.

A GP Practice is a data controller for the patient information it collects, and should already have data processing arrangements with third parties (e.g. IT systems providers) to ensure they do not use or access data unlawfully; the data controllers will have ultimate responsibility for the Practices’ compliance with the DPA.

Invoice Validations

If a patient has had NHS treatment, their personal information may be shared within a secure and confidential environment to determine which HB/CCG should pay for the treatment received. This means sharing identifiable information such as name, address, date of treatment etc. to enable the billing process.

Partner Organisations

If the Practice shares information with any external organisations (within or outside the NHS), then let patients know by listing them. Partner organisations will usually include NHS organisations (hospitals, CCGs, NHS England etc.) other public sectors (Education, Police, Fire etc.) and any other Data Processors that may be carrying out specific project work with the Practice (e.g. Diabetes UK).

Access to Personal Information

The DPA gives patients the right to view any information held about them – the ‘Right of Subject Access’. Explain the process and who to contact. You can find your practice registration number by entering your Practice name in the ‘Name’ box here; https://ico.org.uk/ESDWebPages/Search

PRACTICE PRIVACY NOTICE

How we use your information

This privacy notice explains why we as a Practice collect information about our patients and how we use that information.

The Croft Surgery manages patient information in accordance with existing laws and with guidance from organisations that govern the provision of healthcare in England such as the Department of Health and the General Medical Council.

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

  • Data Protection Act 1998
  • Human Rights Act 1998
  • Common Law Duty of Confidentiality
  • Health and Social Care Act 2012
  • NHS Codes of Confidentiality and Information Security

As data controllers, GPs have fair processing responsibilities under the Data Protection Act 1998. In practice, this means ensuring that your personal confidential data (PCD) is handled clearly and transparently, and in a reasonably expected way.

The Health and Social Care Act 2012 changed the way that personal confidential data is processed, therefore it is important that our patients are aware of and understand these changes, and that you have an opportunity to object and know how to do so.

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

NHS health records may be processed electronically, on paper or a mixture of both; a combination of working practices and technology are used to ensure that your information is kept confidential and secure. Records held by this GP practice may include the following information:

  • Details about you, such as address and next of kin
  • Any contact the practice has had with you, including appointments (emergency or scheduled), clinic visits, etc.
  • Notes and reports about your health
  • Details about treatment and care received
  • Results of investigations, such as laboratory tests, x-rays, etc.
  • Relevant information from other health professionals, relatives or those who care for you

The practice collects and holds data for the sole purpose of providing healthcare services to our patients and we will ensure that the information is kept confidential. However, we can disclose personal information if:

  1. It is required by law
  2. You provide consent – either implicitly or for the sake of your own care, or explicitly for other purposes
  3. It is justified to be in the public interest

National data opt out

This practice is supporting vital health and care planning and research by sharing your data with NHS Digital. For more information about this see the GP Practice Privacy Notice for General Practice Data for Planning and Research.

The information collected about you when you use NHS services can also be used and provided to other organisations for purposes beyond your individual care, for instance to help with:

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  • improving the quality and standards of care provided
  • research into the development of new treatments
  • preventing illness and diseases
  • monitoring safety
  • planning services

This may only take place when there is a clear legal basis to use this information. All these uses help to provide better health and care for you, your family and future generations. Confidential patient information about your health and care is only used like this where allowed by law.

Most of the time, anonymised data is used for research and planning so that you cannot be identified in which case your confidential patient information isn’t needed.

You have a choice about whether you want your confidential patient information to be used in this way. 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 visit www.nhs.uk/your-nhs-data-matters.  On this web page you will:

  • See what is meant by confidential patient information
  • Find examples of when confidential patient information is used for individual care and examples of when it is used for purposes beyond individual care
  • Find out more about the benefits of sharing data
  • Understand more about who uses the data
  • Find out how your data is protected
  • Be able to access the system to view, set or change your opt-out setting
  • Find the contact telephone number if you want to know any more or to set/change your opt-out by phone
  • See the situations where the opt-out will not apply

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 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 30th June 2022 to put systems and processes in place so they can be compliant with the national data opt-out and apply your choice to any confidential patient information they use or share for purposes beyond your individual care.

Please be aware however that NHS numbers are submitted to the Check for National Data Opt-outs service in order to apply national data opt-outs in accordance with patient wishes.

Mobile Telephone

If you provide us with your mobile phone number we may use this to send you reminders about any appointments or other health screening information being carried out.

Practice Website

Our Website does use cookies to optimise your experience.

Using this feature means that you agree to the use of cookies as required by the EU Data Protection Directive 95/46/EC. You have the option to decline the use of cookies on your first visit to the website.

Risk Stratification

Risk stratification is a process for identifying and managing patients who have specific clinical needs.

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 Risk Stratification.

Should you have any concerns about how your information is managed, or wish to opt out of any data collection at the practice, please contact the practice, or your healthcare professional to discuss how the disclosure of your personal information can be limited.

Patients have the right to change their minds and reverse a previous decision. Please contact the practice, if you change your mind regarding any previous choice.

Invoice Validation

If you have received treatment within the NHS your personal information may be shared within a strictly monitored, secure and confidential environment in order to determine which HB/CCG should pay for the treatment or procedure you have received.

Information such as your name, address and date of treatment may be passed on to enable the billing process – these details are held in a secure environment and kept confidential. This information will only be used to validate invoices, and will not be shared for any further commissioning purposes.

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 the Data Protection Act 1998 (which is overseen by the Information Commissioner’s Office), Human Rights Act, the Common Law Duty of Confidentiality, and the NHS Codes of Confidentiality and Security. Every staff member who works for an NHS organisation has a legal obligation to maintain the confidentiality of patient information.

All of our staff, contractors and committee members receive appropriate and regular training to ensure they are aware of their personal responsibilities and have legal and contractual obligations to uphold confidentiality, enforceable through disciplinary procedures. Only a limited number of authorised staff have access to personal information where it is appropriate to their role and is strictly on a need-to-know basis.

We maintain our duty of confidentiality to you at all times. 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), or where the law requires information to be passed on.

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
  • Specialist Trusts
  • Independent Contractors such as dentists, opticians, pharmacists
  • Private Sector Providers
  • Voluntary Sector Providers
  • Ambulance Trusts
  • Clinical Commissioning Groups
  • Social Care Services
  • Local Authorities
  • Education Services
  • Fire and Rescue Services
  • Police
  • Other ‘data processors’

Access to personal information

You have a right under the Data Protection Act 1998 to access/view information the practice holds about you, and to have it amended or removed should it be inaccurate. This is known as ‘the right of subject access’. If we do hold information about you we will:

  • give you a description of it
  • tell you why we are holding it
  • tell you who it could be disclosed to
  • let you have a copy of the information in an intelligible form

If you would like to make a ‘subject access request’, please contact the practice manager in writing. There may be a charge for this service. Any changes to this notice will be published on our website and on the practice notice board.

The practice is registered as a data controller under the Data Protection Act 1998. The registration number isZ5281735 and can be viewed online in the public register at http://www.ico.gov.uk/

Change of Details

It is important that you tell the person treating you if any of your details such as your name or address have changed or if any of your details such as date of birth is incorrect in order for this to be amended. You have a responsibility to inform us of any changes so our records are accurate and up to date for you.

Notification

The Data Protection Act 1998 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).

Who is the Data Controller?

The Data Controller, responsible for keeping your information secure and confidential is Dr G Smith. Any changes to this notice will be published on our website and displayed in prominent notices in the surgery.

The Partnership is registered as a data controller under the Data Protection Act 1998 Z5281735 registration can be viewed on-line in the public register at www.ico.gov.uk

Further information

Further information about the way in which the NHS uses personal information and your rights in that respect can be found in:

The Information Commissioner’s Office is the Regulator for the Data Protection Act 1998 and offer independent advice and guidance on the law and personal data, including your rights and how to access your personal information. For further information please visit the www.ico.gov.uk

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