Privacy Policy

Introductory Privacy Notice

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 Information.

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 contact 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 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	Dr Amir Naky – Senior GP Partner Willesborough Health Centre Bentley Road Ashford, Kent TN24 0HZ
2) Data Protection Officer contact details	Dr James Wong – GP Partner Willesborough Health Centre Bentley Road Ashford, Kent TN24 0HZ
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. For example: The William Harvey Hospital South East Coast Ambulance Service NHS 111/IC24 Ltd Kent Community Health NHS Foundation Trust (KCHFT) Kent & Medway CCG Ashford Clinical Providers Kent & Medway Partnership Trust Pilgrims Hospices
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.
9) Right to Complain	You have the right to complain to the Information Commissioner’s Office. 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.

We provide a confidential service to all our patients, including those under the age of 16. Everyone working for the NHS has a legal duty to maintain the highest level of confidentiality in regards to patient information. Anything you say to any member of our team will remain confidential and not be passed on to any other party – including other family members, parents or carers – without your permission.

To obtain a copy of our updated full Privacy Notice as well as our Covid-19 COPI Privacy notice for your information, please contact the practice.

Patient Privacy Notice

Ashford Medical Partnership has a legal duty to explain how to use any personal information we collect about you, as a registered patient, at the practice. Staff at this practice maintain records about your health and the treatment you receive in electronic and paper format.

How we use your personal information

• Being transparent and providing accessible information to patients about how we will use your personal information is a key element of the GDPR Regulations.
• The following notice reminds you of your rights in respect of the above legislation and how your GP Practice will use your information for lawful purposes in order to deliver your care and the effective management of the local NHS system.

This notice reflects how we use information for

• The management of patient records;
• Communication concerning your clinical, social and supported care;
• Ensuring the quality of your care and the best clinical outcomes are achieved through clinical audit and retrospective review;
• Participation in health and social care research; and
• The management and clinical planning of services to ensure that appropriate care is in place.

Data Controller

As your registered GP practice, we (Ashford Medical Partnership) are the data controller for any personal data that we hold about you.

What information do we collect and use?

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

• The General Data Protection Regulations Legislation (GDPR)
• Human Rights Act 1998
• Common Law Duty of Confidentiality
• Health and Social Care Act 2012
• NHS Codes of Confidentiality and Information Security

Personal data must be processed fairly and lawfully, whether is it received directly from you or from a third party in relation to your care. ‘Personal data’ means any information relating to an identifiable person who can be directly or indirectly identified from the data.

This includes, but is not limited to:-

• name, date of birth, full postcode, address, next of kin and NHS Number; and ‘Special category / sensitive personal data’ includes such as medical history including details of appointments and contact with you, medication, emergency appointments and admissions, clinical notes, treatments, results of investigations, supportive care arrangements, social care status, race, ethnic origin, genetics and sexual orientation etc and any other relevant information to enable us to deliver effective medical care.

We will collect the following types of information from you or about you from a third party (provider organisation) engaged in the delivery of your care

• Details about you, such as your address, legal representative, emergency contact details
• Any contact the surgery has had with you, such as appointments, clinic visits, emergency appointments, etc.
• Notes and reports about your health
• Details about your treatment and care
• Results of investigations such as laboratory tests, x-rays etc
• Relevant information from other health professionals, relatives or those who care for you
• Your records will be retained in accordance with the NHS Code of Practice for Records Management

Your healthcare records contain information about your health and any treatment or care you have received previously (e.g. from an acute hospital, GP surgery, community care provider, mental health care provider, walk-in centre, social services). These records may be electronic, a paper record or a mixture of both. We use a combination of technologies and working practices to ensure that we keep your information secure and confidential.

Why do we collect this information?

The NHS Act 2006 and the Health and Social Care Act 2012 invests statutory functions on GP Practices to promote and provide the health service in England, improve quality of services, reduce inequalities, conduct research, review performance of services and deliver education and training.

To do this we will need to process your information in accordance with current data protection legislation to:

• Protect your vital interests;
• Pursue our legitimate interests as a provider of medical care, particularly where the individual is a child or a vulnerable adult;
• Perform tasks in the public’s interest;
• Deliver preventative medicine, medical diagnosis, medical research; and
• Manage the health and social care system and services

How do we use this information?

Your data is collected for the purpose of providing direct patient care; however, we can disclose this information if it is required by law, if you give consent or if it is justified in the public interest. The practice may be requested to support research; however, we will always gain your consent before sharing your information with medical research databases such as the Clinical Practice Research Datalink and QResearch or others when the law allows.

In order to comply with its legal obligations, this practice may send data to NHS Digital when directed by the Secretary of State for Health under the Health and Social Care Act 2012. Additionally, this practice contributes to national clinical audits and will send the data that is required by NHS Digital when the law allows. This may include demographic data, such as date of birth, and information about your health which is recorded in coded form; for example, the clinical code for diabetes or high blood pressure.

Processing your information in this way and obtaining your consent ensures that we comply with Articles 6(1)(c), 6(1)(e) and 9(2)(h) of the GDPR.

How is the information collected?

Your information will be collected either electronically using secure NHS Mail or a secure electronic transfer over an NHS encrypted network connection. In addition physical information will be sent to your practice. This information will be retained within our electronic patient record or within your physical medical records.

Who will we share your information with?

In order to deliver and coordinate your health and social care, we may share information with the following organisations:

• NHS Trusts / Foundation Trusts
• ICBs/ICSs
• Other GP’s
• NHS Commissioning Support Units
• Independent Contractors such as dentists, opticians, pharmacists
• Private Sector Providers
• Voluntary Sector Providers
• Ambulance Trusts
• Social Care Services
• NHS Digital
• Local Authorities
• Education Services
• Fire and Rescue Services
• Police & Judicial Services
• Other ‘data processors’ which you will be informed of

Your information will only be shared if it is appropriate for the provision of your care or required to satisfy our statutory function and legal obligations.

Your information will not be transferred outside of the European Union.

Who do we receive information from?

Whilst we might share your information with the above organisations, we may also receive information from them to ensure that your medical records are kept up to date and so that your GP can provide the appropriate care.

In addition, we receive data from NHS Digital (as directed by the Department of Health) such as the uptake of flu vaccinations and disease prevalence in order to assist us to improve “out of hospital care”.

How do we maintain the confidentiality of your records?

We are committed to protecting your privacy and will only use information that has been collected lawfully. We adhere to the General Data Protection Regulation (GDPR), the NHS Codes of Confidentiality and Security, as well as guidance issued by the Information Commissioner’s Office (ICO). Every member of staff who works for an NHS organisation has a legal obligation to keep information about you confidential. We maintain our duty of confidentiality by conducting annual training and awareness, ensuring access to personal data is limited to the appropriate staff and information is only shared with organisations and individuals that have a legitimate and legal basis for access.

Do I need to give my consent?

The GDPR sets a high standard for consent. Consent means offering people genuine choice and control over how their data is used. When consent is used properly, it helps you build trust and enhance your reputation.

However, consent is only one potential lawful basis for processing information. Therefore, we may not need to seek your explicit consent for every instance of processing and sharing your information, on the condition that the processing is carried out in accordance with this notice. We will contact you if they are required to share your information for any other purpose which is not mentioned within this notice. Your consent will be documented within your electronic patient record.

What will happen if I withhold my consent or raise an objection?

You have the right to write to withdraw your consent at any time for any particular instance of processing, provided consent is the legal basis for the processing. Please contact your us for further information and to raise your objection.

Health Risk Screening / Risk Stratification

Health Risk Screening or Risk Stratification is a process that helps your GP to determine whether you are at risk of an unplanned admission or deterioration in health. Usually this includes patients with long term conditions, e.g. cancer. Your information is collected by a number of sources, including Ashford Medical Partnership, and by using selected information such as age, gender, NHS number, diagnosis, existing long term condition(s), medication history, patterns of hospital attendances, admissions and periods of access to community care. This information is processed electronically and given a risk score which is relayed to us so we can then decide on any necessary actions to ensure that you receive the most appropriate care.

To summarise Risk Stratification is used in the NHS to

• Help decide if a patient is at a greater risk of suffering from a particular condition;
• Prevent an emergency admission;
• Identify if a patient needs medical help to prevent a health condition from getting worse; and/or
• Review and amend provision of current health and social care services

We may use computer based algorithms or calculations to identify our registered patients who are at most risk, with support from the local ICB and/or a third party accredited Risk Stratification provider.

We mayroutinely conduct the risk stratification process outside of your GP appointment. This process is conducted electronically and without human intervention. The resulting report is then reviewed by a multidisciplinary team of staff within the Practice. This may result in contact being made with you if alterations to the provision of your care are identified.

A Section 251 Agreement is where the Secretary of State for Health and Social Care has granted permission for personal data to be used for the purposes of risk stratification, in acknowledgement that it would overburden the NHS to conduct manual reviews of all patient registers held by individual providers. You have the right to object to your information being used in this way. However, you should be aware that your objection may have a negative impact on the timely and proactive provision of your direct care. Please contact the Practice General Manager to discuss how disclosure of your personal data can be limited.

The National Data opt-out service is available from May 25th 2018. Patients can decide if they want to share their personally identifiable data to be used for planning and research purposes. Please see the information in the Practice for more details or refer to NHS Digital here.

Opt-outs

You have a right to object to your information being shared. Should you wish to opt out of data collection, please contact a member of staff who will be able to explain how you can opt out and prevent the sharing of your information; this is done by registering to opt out online (national data opt-out programme) or, if you are unable to do so or do not wish to do so online, by speaking to a member of staff.

Sharing of Electronic Patient Records within the NHS

• Electronic patient records are kept in most places where you receive healthcare. Our local electronic system, EMIS, enables your record to be shared with organisations involved in your direct care, such as:
• Other GP practices
• Community services such as district nurses, rehabilitation services, telehealth and out-of-hospital services.
• Child health services that undertake routine treatment or health screening
• Urgent care organisations, minor injury units or out-of-hours services
• Community hospitals
• Palliative care hospitals
• Care Homes
• Mental Health Trusts
• Hospitals
• Social Care organisations
• Pharmacies

In addition, NHS England have implemented the Summary Care Record which contains information about medication you are taking, allergies you suffer from and any bad reactions to medication that you have had in the past.

Your electronic health record contains lots of information about you. In most cases, particularly for patients with complex conditions and care arrangements, the shared record plays a vital role in delivering the best care and a coordinated response, taking into account all aspects of a person’s physical and mental health. Many patients are understandably not able to provide a full account of their care, or may not be in a position to do so. The shared record means patients do not have to repeat their medical history at every care setting.

Your record will be automatically set up to be shared with the organisations listed above; however you have the right to ask us to disable this function or restrict access to specific elements of your record. This will mean that the information recorded by us will not be visible at any other care setting.

You can also reinstate your consent at any time by giving your permission to override your previous dissent.

Invoice Validation

Your information may be shared if you have received treatment to determine which Integrated Care Board (ICB) is responsible for paying for your treatment. This information may include your name, address and treatment date. These details are held in a secure environment and kept confidential. This information is only used to validate invoices in accordance with the current Section 251 Agreement, and will not be shared for any further commissioning purposes.

Retention Periods

In accordance with the NHS codes of Practice for Records Management, your healthcare records will be retained for 10 years after death or, if a patient emigrates, for 10 years after the date of emigration.

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.

Your Right of Access to Your Records

The General Data Protection Regulations allows you to find out what information is held about you including information held within your medical records, either in electronic or physical format. This is known as the “right of subject access”. If you would like to have access to all or part of your records, you can make a request in writing to the organisation that you believe holds your information. This can be us, or another provider that is or has delivered your treatment and care. You should however be aware that some details within your health records may be exempt from disclosure, however this will in the interests of your wellbeing or to protect the identity of a third party.

If you would like to access the information Ashford Medical Partnership holds about you, please complete a Subject Access Request (SAR). Please ask at reception for a SAR form and you will be given further information. Furthermore, should you identify any inaccuracies; you have a right to have the inaccurate data corrected.

What To Do If You Have Any Questions

Should you have any questions about our privacy policy or the information we hold about you, you can:

1. Contact the practice’s data controller via reception. GP practices are data controllers for the data they hold about their patients.
2. Write to the data controller at Ashford Medical Practice, Willesborough Health Centre, Bentley Road, Ashford, TN24 0HZ .
3. Contact the Surgery Here
4. The GP Data Protection Officer (DPO) for Ashford Medical Partnership is based at Kent & Medway ICB

Complaints

In the event that you feel we have not complied with the current data protection legislation, either in responding to your request or in our general processing of your personal information, you should raise your concerns in the first instance in writing to the Practice
General Manager.

If you remain dissatisfied with our response you can contact the Information Commissioner’s Office here and select “Raising a concern” or call 01625 545700

Changes to Our Privacy Policy

We regularly review our privacy policy and any updates will be published on our website, in our newsletter and on posters to reflect the changes. This policy was last reviewed in November 2022 and is to be reviewed again in November 2023

The Subject Access Request Policy

The Subject Access Request Policy details how Ashford Medical Partnership will meet its legal obligations concerning individual’s access to their information. The requirements within the Policy are primarily based upon the DPA 1998 and EU GDPR 2018 as they are the key legislations covering rights to personal information.

This Subject Access Request Policy has been written to ensure that all staff of Ashford Medical Partnership are aware of their responsibilities to provide information if requested. This Policy also includes guidelines and information on how to request information of the deceased:

The current DPA 1998 and EU GDPR 2016 (hereinafter called the Data Protection Legislations) details rights of access to both manual data (which is recorded in a filing system) and computer data for the individual/data subject.

This right, commonly referred to as Subject Access Request (SAR) is created under section 7 of DPA 1998 and Article 15 of GDPR 2016, gives rights to a data subject/individual to request personal information Ashford Medical Partnershipholds about them. Anyone with full mental capacity can authorise a representative/third party, for example solicitors/advocates to help them make a SAR.

Under the DPA and GDPR Legislations data subjects have the right to obtain from Ashford Medical Partnershipconfirmation as to whether or not personal data concerning the individual/data subject are being processed, and, where that is the case, access to the personal data and the following information:

• a) the purposes of the processing;
• b) the categories of personal data concerned;
• c) the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
• d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period;
• e) the existence of the right to request from the controller rectification or erasure (where necessary) of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
• f) the right to lodge a complaint with a supervisory authority (Information Commission’s Office);
• g) where the personal data are not collected from the data subject, any available information as to their source;
• h) the existence of automated decision-making, including profiling, referred to in Article 22 (1) and (4) and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject;
• i) right to be informed about the appropriate safeguards where personal data is transferred to a third country or international organisation;
• j) right to request a copy of any personal data undergoing processing.

In line with the Information Commissioner’s subject access Codes of Practice, organisations are encouraged to have SAR Policy or Procedure in place to ensure that individuals’ rights of access are met within a timely and appropriate manner, and seek to enable all who wish to do so to have access to the records that are held about them.

Aim

This Subject Access Request Policy details how Ashford Medical Partnershipwill meet its legal obligations concerning individual’s access to their information. The requirements within the Policy are primarily based upon the DPA 1998 and EU GDPR 2016 as they are the key legislations covering rights to personal information.

This Subject Access Request Policy has been written to ensure that all staff of Ashford Medical Partnershipare aware of their responsibilities to provide information if requested.

Patients will also be given a patient information leaflet on Subject Access Requests available at reception.

Legislations and Code of Practice

For the purpose of this Policy, other relevant legislations and appropriate guidance may be referenced. The legislations listed below refer to issues of security and/or confidentiality of personal data:

• Freedom of Information Act 2000
• Regulation of Investigatory Powers Act 2000
• Crime and Disorder Act 1998
• Computer Misuse Act 1990
• Criminal Justice and Immigration Act 2008
• Information Commissioner’s Office: Subject Access Request Code of Practice

Roles and Responsibilities

Accountable Officer

The Data Protection Officer (DPO) Lois Cavallaro has overall accountability and responsibility for subject access requests. The DPO has delegated SAR operational responsibilities to the Senior Receptionist (Tracey Parsons).

Data Protection Officer

The Data Protection Officer (DPO) has day-to-day responsibilities for the management of all aspects relating to data protection matters. The responsibilities of the DPO include:

• To advise all staff on issues relating to data protection by providing guidance and templates;
• Monitor organisational compliance with the Data Protection Legislations including policies and procedures that underpins the protection of personal data within the organisation.
• To provide awareness-raising and training for staff involved in processing operations
• Liaise with the Information Commissioner’s Officer (ICO) on matters around confidentiality and data protection, information security and records management;
• To provide advice where requested as regards to Data Protection Impact Assessment (DPIA) and monitor the risk management process;
• To consult with the ICO prior to data processing where a DPIA indicates that the processing would result in a high risk in the absence of measures taken by the organisation to mitigate the risk.

The DPO shall in the performance of his functions have due regard to the risk associated with processing operations, taking into account the nature, scope, context and purposes of processing.

All Managers and Staff

The Management will ensure that all members of staff are aware of, and adhere to this SAR Policy. They are also responsible for ensuring that the staffs are updated with regards to any changes in the Policy.

All staff has a responsibility to ensure that they comply with the statutory obligations under the Data Protection Legislations, and any guidance lay down to ensure compliance.

Particularly, staff should ensure that:

• They are aware of their responsibility to support SARs and where in the organisation such requests are ultimately handled;
• Personal data and records (whether in electronic or manual) relating to patients/serviceusers and staff are kept secure, accurate, relevant and up to date.

Staff wishing to access personal confidential information that Ashford Medical Partnership holds about them should submit their requests in writing.

Ashford Medical Partnership as a Data Controller

Ashford Medical Partnerships a data controller in respect of any personal data and special categories of personal within its remit and as part of its statutory functions, Ashford Medical Partnership determine the purposes for which, and the manner in which those personal information are, or are to be, processed.

Request Process

Patients can make a subject access request in writing or face to face at reception. Patients will also be given a patient information leaflet on Subject Access Requests available at reception or on the practice website.

If a request is made verbally within a GP/nurse/HCA consultation, then the healthcare professional can, if appropriate and possible within the consultation, provide the requested information immediately as an electronic print off from the computer system. However it is expected that most requests will be formal SAR via reception and outside clinical contacts.

Requirements for a valid subject access request

Adequate steps must be taken to identify the identity of the requester. Each applicant/data subject must be asked to supply one of the following copies of their identification:

• Driving licence
• Passport
• Birth certificate

Notification of Requests

Ashford Medical Partnership will keep a central register of all requests in order to ensure that requests are cross-referenced with any complaints or incidents and that the deadlines for response are monitored and adhered to.

Providing personal information under subject access request

SAR provides a right for the data subject/applicant to see their own personal data, rather than a right to see copies of documents that contain their personal data. Often, the easiest way to provide the relevant information is to supply copies of original documents, where it is reasonable to do so.

Information must be supplied to the data subject/applicant in an intelligible, easy to understand form, unless to do so would involve ‘disproportionate’ effort. For manual records this would involve photocopies. For computerised records these can be supplied as a printout but must contain explanations of codes or abbreviations where appropriate. If the ‘disproportionate’ effort issue arises, the records can be shared with the individual on a face to face basis who can be asked to visit the premises to view their records.

It is expected that in the majority of cases copies of the relevant record will be give to the patient face to face at reception. It may be possible to post the information to the patient.

If sent by post:

• the record should be sent to a named individual
• by recorded delivery
• marked “private and confidential”
• “for addressee only” and the Practice details should be written on the reverse of the envelope.
• Use of fax, email and data storage devices is not routinely used.

Types of personal information that can be disclosed

Any information that constitutes personal data or special categories of personal data of the subject/applicant should be provided (subject to any data protection exemptions or information that may cause harm or distress).

Under the Data Protection Legislations the term “personal data” means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier; they include:

• Demographics – name; address; postcode; telephone number; date of birth;
• an identification number – NHS number, National Insurance Number, location data, an online identifier and Driving licence number [Note that driving licence number is included in this list because it directly yields date of birth and first part of surname]

Special categories of personal data include:

• Health records or data concerning a natural person’s sex life or sexual orientation
• Genetic data
• Biometrics, DNA Profile, Fingerprints
• Child Protection Records
• Adoption Records
• Tax, Benefit or Pension Records
• Racial or ethnic origin;
• Social Services Records
• Housing Records
• Political opinions;
• Religious or philosophical beliefs

Timescales for responding to subject access requests

Under the EU GDPR Ashford Medical Partnership is required to respond to subject access requests without undue delay and in any event within one calendar month of receipt of the request from the data subject. The period may be extended by two further months where necessary, taking into account the complexity and number of the requests.

In the case of further extension, the DPO or nominated deputy will inform the data subject of any such extension within one calendar month of receipt of the request, together with the reasons for the delay. Failure to do so is a breach of the Legislation and could lead to a complaint being made to the ICO.

To assist the obligation to provide information within the time limits, Ashford Medical Partnership will ensure that all staff is aware of the SAR process, and requirements to provide the information when requested by the DPO.

To obtain a copy of our  full Subject Access Request policy, please contact the practice.

Patient Data Opt Out Policy

This Policy and patient information leaflet describes the practice’s approach on Patients opting out of data sharing for direct care and secondary uses:

In most cases the GP practice will only share data with other health and social care providers for direct care purposes with implied or explicit consent. However the NHS has systems in place for sharing of data for direct care and other so called secondary uses that go beyond direct patient care. These systems have been designed as “optout systems”. That is all NHS patients in England are opted into these national and local schemes but then patients have to opt out if they do not want their data to be used in this way. The onus is on the practice to highlight such data sharing. We do this through our Privacy Notice and information on our billboards and website. The following sections describe our approach to data opt-outs and the information we give our patients on this issue.

Data Sharing for Direct care

We share patients personal information on national (summary care record) and local (connect care) data sharing platforms to create care records that would allow healthcare professionals to see information on our patient’s medical history if needed in direct care clinical situations with the consent of the patient when possible. Even though these are direct care purposes, patients are able to opt out of such sharing.

Data Sharing for Secondary Uses

Data is also shared with national organisations and data processors based on national guidelines and law. This is for purposes that go beyond direct medical care that GP surgeries and other healthcare organisations provide patients.

Secondary purposes include healthcare planning, audit, population analytics, research, and commissioning at a local, regional or national level. Often this will include patient identifiable data but sometimes may be anonymised aggregate data. Patients are able to opt out of secondary uses of their information.

Summary care Records

The Summary Care Record (SCR) is an electronic record of important patient information, created from GP medical records. It can be seen and used by authorised staff in other areas of the health and care system involved in the patient’s direct care. This would normally be in a urgent or emergency clinical situation. Unlike connect care records which can only be viewed by health and social care professionals in South East London, this is a national care record, and can be accessed across England if the situation arose. Certain parts of patient medical records will be shared within the NHS to provide effective care to patients outside their GP practice. This will enable health care professionals to have quicker access to information about any medicines or allergies/bad reactions a patient may have had. The summary care record will contain Name, Date of Birth, NHS number, repeat medications and allergies. Information can only be accessed by an NHS professional that holds an NHS smart card with a chip and passcode. People accessing information can only see parts that are relevant to their job. Health care staff will ask for a patient’s permission every time they need to look at the summary care record. If the patient is unable to be asked, i.e. they are unconscious, the health care professional may look into the record if it is for the good of the patient but a note will be places in the medical records to show this. The SCR is run by 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 as well as patient level clinical IT platforms.

For more information about summary care records, visit NHS England – Summary Care Records.

To obtain a copy of our  full Opt-out policy, please contact the practice.

Children and Vulnerable Adults

We have a professional, legal and moral obligation to report suspicions of neglect or abuse of children or vulnerable adults to the relevant authorities. We will do all we can to involve parents and carers in this process but there may be times when this proves impractical.

Summary Care Record

Certain parts of patient medical records will be shared within the NHS to provide effective care to patients outside their GP practice.  This will enable health care professionals to have quicker access to information about any medicines or allergies/bad reactions a patient may have had. The summary care record will contain Name, Date of Birth, NHS number, repeat medications, this information can only be accessed by an NHS professional that holds an NHS smart card that is password protected.

Personnel accessing information can only see parts that are relevant to their job. Health care staff will ask for a patient’s permission every time they need to look at the summary care record.

If the patient is unable to be asked, i.e. they are unconscious, the health care professional may look into the record if it is for the good of the patient but a note will be placed in the medical records to show this.

If you wish to opt opt out please visit the NHS website.

For more information please visit Summary Care record.

Healthy.io

ACR project for patients with diabetes

The data is being processed for the purpose of delivery of a programme, sponsored by NHS Digital, to monitor urine for indications of chronic kidney disease (CKD) which is recommended to be undertaken annually for patients at risk of chronic kidney disease e.g., patients living with diabetes.

The programme enables patients to test their kidney function from home. We will share your contact details with Healthy.io to enable them to contact you and confirm that you wish them to send you a test kit. This will help identify patients at risk of kidney disease and help us agree any early interventions that can be put in place for the benefit of your care.

Healthy.io will only use your data for the purposes of delivering their service to you. If you do not wish to receive a home test kit from Healthy.io we will continue to manage your care within the Practice. Healthy.io are required to hold data we send them in line with retention periods outlined in the Records Management code of Practice for Health and Social Care.

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Same Day Access

Privacy notice excerpt as member of the Ashford and Faversham group delivering same day access hub (SDAH) to support the winter pressures

Same Day Access Hub (SDAH) – to support the winter pressures and increase capacity within primary care enabling more face to face appointments to be made available to meet demand.

Same Day Access Hub (SDAH) – the purpose of SDAH is to support the winter pressures and increase capacity within primary care enabling more face to face appointments to be made available to meet demand. The source of the information shared in this way is your electronic GP record that is accessed at a central or hub level. A constituent GP practice completes a cross organisational appointment booking from their clinical system within which the patient is registered to the central Clinical Service appointment book. Although this central clinical system will not hold patients’ healthcare information, it will contain the appointment booking itself which will include the patient’s full name, date of birth, age, NHS number and the reason for the appointment booking.

Data Retention Period
All records held by the Practice will be kept for the duration specified in the Records Management Codes of Practice for Health and Social Care. Any data (booking information) held by the hub will also be retained for the duration specified in the Records Management Codes of Practice for Health and Social Care.
The processing of personal data is permitted under the following UK GDPR and DPA conditions:
GDPR Article 6(1) (e) – public interest or in the exercise of official authority;
DPA Section 8 (d) – processing is necessary for the exercise of statutory functions;
The processing of special categories of personal data concerning health is permitted under the following UK GDPR and DPA conditions:
GDPR Article 9 (2) (h) – processing is necessary for medical or social care treatment or, the management of health or social care systems and services;
DPA Section 10 (1) (c) – processing is necessary for health and social care purposes;
In accordance with DPA Schedule 1, Part 1, (2) -health or social care purposes means the purposes of preventive or occupational medicine; medical diagnosis; the provision of health care or treatment; the provision of social care, or the management of health care systems or services or social care systems or services.

You have the right to:
· To access, view or request copies of your personal information;
· request rectification of any inaccuracy in your personal information;
· restrict the processing of your personal information where:
ü accuracy of the data is contested,
ü the processing is unlawful or,
ü where we no longer need the data for the purposes of the processing.

Right to object:
In line with the UK GDPR Article 21, you have a general right to raise an objection to the processing of your personal data in some particular circumstances. This right only applies where we cannot demonstrate compelling legitimate grounds for continued processing of your personal data for the purposes of direct provision of care, and compliance with a legal obligation to which we are subject.

If you wish to exercise any of your rights please contact the Practice (data controller) or the DPO and your request will be carefully considered.

Right to complain: If you are dissatisfied with the way your GP Practice process your data, please contact your GP practice directly in the first instance via the ‘Contact Us’ section on our website.

Related Legislations:
Section 251B Health and Social Care (Safety and Quality Act) 2015 (Duty to Share);

You can also contact the Ashford GP Federation via [email protected] for strictly Federation related enquiries.

You also have the right to appeal/complain to the Information Commissioner’s Office (IC0). The IC0 can be contacted at:

Information Commissioner’s Office Wycliffe House Water Lane Wilmslow Cheshire

Tel: 0303 123 1113 or 01625 545 745
Email: https://ico.org.uk/global/contact-us/