PRIVACY POLICY

General Data Protection Regulation Privacy Notice

How French Weir Health Centre uses your information to provide you with healthcare

This practice keeps medical records confidential and complies with the General Data Protection Regulation.

We hold your medical record so that we can provide you with safe care and treatment.

We will also use your information so that this practice can check and review the quality of the care we provide. This helps us to improve our services to you.

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.
For more information on how we share your information with organisations who are directly involved in your care please contact the surgery directly.
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 NHS Digital advice on Summary Care Records or alternatively speak to your practice.

You have the right to object to information being shared for your own care. Please speak to the practice if you wish to object. You also have the right to have any mistakes or errors corrected.

General Practice Data for Planning and Research (GPDPR) Notice

Beginning on the 1st of September 2021, NHS Digital will begin collecting pseudonymised patient data about various demographics from:

Any living patient registered at a GP practice in England when the collection started - this includes children and adults.
Any patient who died after 1 September 2021, and was previously registered at a GP practice in England when the data collection started.

More information regarding the data collection and your right to opt-out can be found on either NHS Digital's website, or on the "Your NHS Data Matters" page on NHS.UK. The Privacy Notice regarding this process can be found on NHS Digital's website.

Your data, privacy and the Law

How we use your medical records

This practice handles medical records according to the Laws on data protection and confidentiality
We share medical records with health professionals who are involved in providing you with care and treatment. This is on a need to know basis and event by event.
Some of your data is automatically copied to the shared Summary Care Record
We may share some of your data with local out of hours providers
Data about you is used to manage national screening campaigns such as flu, cervical cytology and diabetes prevention.
Data about you, usually de-identified, is used to manage the NHS and make payments
We share information when the law requires us to do so, for instance when we are inspected or reporting certain illnesses or safeguarding vulnerable people
Your data is used to check the quality of care provided by the NHS
We may also share medical records for medical research

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	French Weir Health Centre, French Weir Avenue, Taunton, TA1 1NW
2) Data Protection Officer contact details	Somerset Primary Healthcare Limited (sphadmin@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. 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 (website) or by 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.

How we use your medical records

Important information for patients

This practice handles medical records in-line with laws on data protection and confidentiality.
We share medical records with those who are involved in providing you with care and treatment.
In some circumstances we will also share medical records for medical research, for example to find out more about why people get ill.
We share information when the law requires us to do so, for example, to prevent infectious diseases from spreading or to check the care being provided to you is safe.
You have the right to be given a copy of your medical record.
You have the right to object to your medical records being shared with those who provide you with care.
You have the right to object to your information being used for medical research and to plan health services.
You have the right to have any mistakes corrected and to complain to the Information Commissioner’s Office. Please see the practice privacy notice or speak to a member of staff for more information about your rights.

How your information is used for medical research and to measure the quality of care

Medical research

French Weir Health Centre shares information from medical records:

· to support medical research when the law allows us to do so, for example to learn more about why people get ill and what treatments might work best;

· we will also use your medical records to carry out research within the practice.

This is important because:

· the use of information from GP medical records is very useful in developing new treatments and medicines;

· medical researchers use information from medical records to help answer important questions about illnesses and disease so that improvements can be made to the care and treatment patients receive.

· We share information with the following medical research organisations with your explicit consent or when the law allows: NIHR Clinical Research Network South West Peninsula and other research organisations.

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.

Checking the quality of care – national clinical audits

French Weir Health Centre contributes to national clinical audits so that healthcare can be checked and reviewed.

· Information from medical records can help doctors and other healthcare workers measure and check the quality of care which is provided to you.

· The results of the checks or audits can show where hospitals are doing well and where they need to improve.

· The results of the checks or audits are used to recommend improvements to patient care.

· Data are sent to NHS Digital a national body with legal responsibilities to collect data.

· The data will include information about you, such as your NHS Number and date of birth and information about your health which is recorded in coded form – for example the code for diabetes or high blood pressure.

· We will only share your information for national clinical audits or checking purposes when the law allows.

· For more information about national clinical audits see the Healthcare Quality Improvements Partnership website or phone 020 7997 7370.

· You have the right to object to your identifiable information being shared for national clinical audits. Please contact the practice if you wish to object.

We are required by law to provide you with the following information about how we share your information for medical research purposes.

Data Controller contact details

French Weir Health Centre, French Weir Avenue, Taunton, TA1 1NW

Data Protection Officer contact details

Somerset Primary Healthcare Limited (sphadmin@nhs.net)

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…’

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 research organisations.

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 right to object under the GDPR and the right to ‘opt-out’ under the national data opt-out model. The national data opt-out model provides an easy way for you to opt-out of:

information that identifies you being used or shared for medical research purposes and quality checking or Audit purposes.

Please contact the practice if you wish to opt-out.

To opt-out of your identifiable information being shared for medical research or to find out more about your opt-out choices please go to NHS Digital’s website:

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 – frenchweirhealth.co.uk

· 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: 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 visit the ICO website or call the helpline 0303 123 1113 or 01625 545 745 (national rate)

How your information is shared so that this practice can meet legal requirements

The law requires French Weir Health Centre 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) when the law requires us to do so. Please see below for more information.

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.

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

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: gov.uk - Notifiable diseases and causative organisms - how to report

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.

Data Controller contact details

French Weir Health Centre, French Weir Avenue, Taunton, TA1 1NW

Data Protection Officer contact details

Somerset Primary Healthcare Limited (sphadmin@nhs.net)

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…’

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 provides 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 opt-out or to find out more about your opt-out choices please go to NHS Digital’s website:

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

Retention period

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 visit the ICO website or call the helpline 0303 123 1113 or 01625 545 745 (national rate)

National screening programmes

· 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: .gov.uk - Population screening programmes or speak to the practice.

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.

Data Controller contact details

French Weir Health Centre, French Weir Avenue, Taunton, TA1 1NW

Data Protection Officer contact details

Kevin Caldwell (somicb.GPDPO@nhs.net)

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…’’

Recipient or categories of recipients of the processed data

The data will be shared with local service providers including Taunton & Somerset NHS Trust, Somerset Community Partnership, CHIS, NHS England South and other service providers.

Rights to object

For national screening programmes: you can opt so that you no longer receive an invitation to a screening programme.

See: gov.uk - Opting out of the nhs population screening programmes

Or speak to your practice.

Right to access and correct

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: NHS Digital - 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 visit the ICO website or call the helpline 0303 123 1113 or 01625 545 745 (national rate)

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.

Website Privacy Policy

We are committed to protecting the privacy of all individuals using this website.

This policy explains how we use any personal information we collect from you through this website.

Collection of personal information

You can access most of the pages on our website without giving us your personal information. However, you may choose to provide us with your personal information on some pages of the website by completing an on-line form.

By submitting your personal information, you consent to our use of the information as set out in this privacy policy.

Use of personal information

We shall use any personal information you give to us, in accordance with this policy, and with any additional statements appearing on forms used for submitting your personal information. We shall not disclose your personal information to any third parties without obtaining your prior consent unless we are required by law to do so. In particular:

We shall use your personal information to administer, and may respond to, your request.

We shall securely store the information you supply together with any response we may provide.

If you contact us regarding the website we may use your details to reply to you. If you make a comment or complaint about other aspects of the service we may use your details to investigate your comments.

Website privacy

This website uses https to ensure data is encrypted in transmission. This encryption, known as TLS encryption protocol, allows us to protect your privacy. You can usually verify that the page is encrypted by seeing a small lock symbol in the upper left corner of your browser and the website address is prefixed with https://.

Data storage

All data obtained by us is held and used in compliance with the Data Protection Act 2018.

Cookie Policy

For information please read our Cookie Policy.

Links

This website contains links to other sites. We are not responsible for the privacy practices of third parties that run any other websites. Please refer to their own privacy policies for more information.

Access to your personal information

You have a right under the Data Protection Act 2018 to ask us to provide you with the information we hold about you and to have any inaccuracies corrected. If you would like to access a copy of your information, please contact the Practice Manager using the following contact details in the heading above.

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PRIVACY POLICY

General Data Protection Regulation Privacy Notice

General Practice Data for Planning and Research (GPDPR) Notice

Your data, privacy and the Law

How we use your medical records

Plain English explanation

National screening programmes

Website Privacy Policy

Collection of personal information

Use of personal information

Website privacy

Data storage

Cookie Policy

Links

Access to your personal information

Essential pages