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
|2) Data Protection Officer contact details||Dr James Wong - GP Partner
Willesborough Health Centre
|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
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:
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
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
|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
|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.
This privacy notice explains why Ashford Medical Partnership (AMP) collects information about you, how we keep it safe and confidential and how that information may be used. The first section provides a summary of these areas followed by a section that explains in more detail on why and how we process information in different ways.
The Practice is computerised and registered under the Data Protection Act. Personal information remains confidential to the NHS unless you have given prior written consent for disclosure. Patient records may be audited for quality & clinical compliance purposes.
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.
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.
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
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.
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
- 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.
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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