GDPR

PRIVACY NOTICE

INTRODUCTION

We are required to provide you with this Privacy Notice by Law. This notice explains how we use the personal and healthcare information we collect, store and hold about you.  The notice explains who the information is shared with and how we keep it safe. It also explains how the practice uses the information we hold about you, how you may gain access to this information if you wish to see it, and how to have any inaccuracies corrected or erased. If you have any questions about this Privacy Notice or any other issue regarding your personal and healthcare information, then please contact our Practice Manager.

The Law says:

• We must let you know why we collect personal and health care information about you
• We must let you know how we use any personal and/or healthcare information we hold on you
• We need to inform you in respect of what we do with it
• We need to tell you about who we share it with or pass it on to and why, and
• We need to let you know how long we can keep it for.

DATA PROTECTION OFFICER

Our Data Protection Officer is Caroline Sims. You can contact her via hiowicb-hsi.chawtonhousesurgery@nhs.net if:

• If you have any questions about how your information is being held
• You require access to your information, or you wish to make a change to your information
• You wish to make a complaint about anything to do with the personal and healthcare information we hold about you
• Any other query relating to this Policy and your rights as a patient;

ABOUT US

Chawton House Surgery is a 4 Partner, established practice situated on St Thomas Street in Lymington, Hampshire. We are a Data Controller of your information. This means that we are responsible for collecting, storing and handling your personal and healthcare information when you register with us as a patient.

There may be times where we also process your information. That means we use it for a particular purpose and, therefore, on those occasions we may also be a Data Processor. The purposes for which we use your information are set out in this Privacy Notice.

WHAT INFORMATION DO WE COLLECT FROM YOU?

All 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.

When you register with Chawton House Surgery we must collect basic ‘personal data’ about you. This includes your name, address, contact details such as email and mobile. We may also ask you for health information, ethnicity, sex, and religious beliefs.

We are required to do this to ensure your healthcare information is linked between other healthcare providers.

Our records are stored electronically and on paper and include personal details about you including your name, address, date of birth, carers, legal representatives, emergency contact details, as well as:

• Any contact the surgery has had with you, such as appointments, clinic visits, emergency appointments and telephone calls
• Details about your medical care, treatments & outcomes (past & present), tests, investigations, scans, observations and opinions
• Results of any investigations such as laboratory tests and x-rays
• Details of any medication you are taking
• Relevant information from other health or social care professionals, relatives or those who care for you
• Notes and reports about your health
• Comments made by healthcare professionals in this practice who are involved in your health care

WHY DO WE COLLECT THIS INFORMATION?

Your records are used to ensure you receive the best possible care from our nurses and doctors. It enables the staff to see previous treatments and medications, and enables them to make informed decisions about future decisions about your care. It helps the doctors to see lists of previous treatments and any special considerations which need to be taken into account when care is provided.

Important information is also collected to help us to remind you about specific treatment which you might need, such as health checks, or reminders for screening appointments such as cervical smear reminders.

Information held about you may be used to help protect the health of the public and to help us to improve NHS services. Information may be used within the GP practice for clinical audit to monitor the quality of the service provided.

Staff at the practice use your information to help deliver more effective treatment to you and to help us to provide you with proactive advice and guidance. Staff who have access to your information will only normally have access to that which they need to fulfil their roles. 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.

WHO MIGHT WE SHARE YOUR INFORMATION WITH?

If your health needs require care from others outside this practice we will provide them with whatever information is necessary for them to provide that care. In addition, when you make contact with NHS healthcare providers, outside of the practice, it is normal for them to send us information relating to your encounter. Your consent to this sharing of data, within the practice and with those outside of the practice, is assumed and is allowed by law.

There are a number of ways that information collected about you is shared; which includes:

FAIR PROCESSING NOTICE

February 2022

Our practice has been asked to take part in a pilot with NICE. The aim of the pilot is to test potential new general practice quality indicators in a representative group of general practices in England.

The indicators focus on epilepsy, chronic kidney disease and lipid management. By taking part in the pilot, we will also be sharing the views of some practice staff, based on consent. Consent will be recorded via a form and held for the duration of the pilot. This information will be shared securely, reported to NICE and then deleted 24 months after it is reported to NICE.

Piloting is designed to improve the quality of service you receive from your GP, to develop good practices which can be used nationwide.

If you would like further information, or do not wish to take part in the pilot, please inform the practice manager.

THIRD PARTY PROCESSORS

When we use a third-party service provider to process data on our behalf, we will always have an appropriate agreement in place to ensure that they keep the data secure, that they do not use or share information other than in accordance with our instructions and that they are operating appropriately.

An example of functions that may be carried out by third parties includes:

• Companies that provide IT services & support, including our core clinical systems; systems which manage patient facing services (such as our website and service accessible through the same); data hosting service providers; systems which facilitate appointment bookings or electronic prescription services; document management services etc.

The safety and availability of your data is our utmost concern, and we are confident that this approach will improve data security, integrity, and performance.

OFF-SITE NOTE STORAGE

The Hampshire and Isle of Wight Integrated Care Board use Restore to securely store our paper medical records in off-site storage facilities.  This service includes the secure transportation of required records to and from our Practice. Restore meets CQC requirements for records storage security standards.

WHAT DO WE DO WITH YOUR 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.

We also may use or share your information for the following purposes:

• Looking after the health of the public
• Making sure that our services can meet patient needs in the future
• Preparing statistics on NHS performance and activity (where steps will be taken to ensure you cannot be identified)
• Investigating concerns, complaints, or legal claims
• Helping staff to review the care they provide to make sure it is of the highest standards
• Training and educating clinical staff
• Research approved by the Local Research Ethics Committee. You will always be asked to provide consent to take part in research
• The Practice may conduct reviews of medications prescribed to its patients. This is a review of prescribed medications to ensure patients receive the most appropriate, up to date and cost-effective treatments.

The health care professionals who provide you with care must maintain records about your health and any treatment or care you have received previously. This maybe at another GP Surgery or at a hospital. These records help to provide you with the best possible healthcare.

NHS health records may be electronic, on paper or a mixture of both. We use several ways of working and with computerised systems this helps to ensure that your information is kept confidential and secure.

HOW LONG DO WE KEEP YOUR INFORMATION?

The NHS Records Management Code of Practice 2021 identifies specific retention periods which are listed in Appendix II: Retention Schedule.

Please click here for a copy of the 2021 NHS retention period policy.

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.  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.

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

• General Data Protection Regulation 2018
• Data Protection Act 1998
• Human Rights Act 1998
• Common Law Duty of Confidentiality
• Health and Social Care Act 2012
• NHS Codes of Confidentiality, Information Security and Records Management
• Information: To Share or Not to Share Review

Information is not held for longer than is necessary. We will hold your information in accordance with the Records Management Code of Practice for Health and Social Care 2016

We will only ever use or pass on information about you if others involved in your care have a genuine need for it.

We will not disclose your information to any third party without your permission unless there are exceptional circumstances, or where the law requires information to be passed on, for example:

• We believe you are putting yourself at risk of serious harm
• We believe you are putting a third party (adult or child) at risk of serious harm
• We have been instructed to do so via court order made against the practice
• Your information is essential for the investigation of a serious crime
• You are subject to the Mental Health Act (1983)
• Public Health England needs to be notified of certain infectious diseases
• Regulators use their legal powers to request your information as part of an investigation.

Our practice policy is to respect the privacy of our patients, their families, and our staff and to maintain compliance with the General Data Protection Regulations (GDPR) and all UK specific Data Protection Requirements. Our policy is to ensure all personal data related to our patients will be protected.

All employees and sub-contractors who work with our practice are asked to sign a confidentiality agreement. The practice will, if required, sign a separate confidentiality agreement if necessary.

PROSPECTIVE ACCESS TO PATIENT RECORDS ONLINE

From Winter 2022, patients with online access to their medical records have been able to have access to their full medical records, including free texts, letters, and documents once they have been reviewed and filed by the GP. This will not affect proxy access.

There will be limited legitimate reasons why access to prospective medical records will not be given or will be reduced and they are based on safeguarding. If the release of information is likely to cause serious harm to the physical or mental health of the patient or another individual, the GP is allowed to refuse or reduce access to prospective records; third party information may also not be disclosed if deemed necessary. On occasion, it may be necessary for a patient to be reviewed before access is granted, if access can be given without a risk of serious harm.

YOUR RIGHTS AS A PATIENT

 The law gives you certain rights to your personal and healthcare information that we hold, as set out below:

• Access and Subject Access Requests
• Correction or Removal of Inaccuracies
• Data Portability
• Right to Object
• Have Information Erased

1. How can I access the information you hold about me?

 You have a right under the Data Protection legislation to request access to obtain copies of all the information the surgery holds about you. You are also allowed to have information amended should it be inaccurate.

In order to access your medical record, you need to let the practice know by making a Subject Access Request (SAR).

The practice will respond to your request within one month of receipt of your request. You will need to give adequate information (for example full name, address, date of birth, NHS number and details of your request) so that your identity can be verified and your records located.

You should however be aware that some details within your health records may be exempt from disclosure, however this will be in the interests of your wellbeing or to protect the identity of a third party.

It will be very helpful to the practice if you could specify any particular information you need so we can provide the information to you as soon as possible.

Usually there is no charge to see the information that the practice holds about you unless the request is excessive, complicated or repetitive. In any of these cases, we may charge an administrative fee.

For information about your hospital medical records, you should write directly to them.

2. How can I have inaccuracies corrected or removed?

You also have the right to have it amended. should it be inaccurate. This is called “Right to rectification”. In certain situations, you have the right to request us to rectify your personal data. We will respond to your request within 30 days (although we may be allowed to extend this period in certain cases) and will only disagree with you if certain limited conditions apply.

If you feel information in your health record should not be there, you can ask the practice to erasure that information. We will look at each request specifically.  Please bear in mind there may well be legal reasons why we will need to keep data even if you request it to be erased.  We will explain this to you in detail in our response.

3. Data Portability

You have the right to request that your personal and/or healthcare information is transferred, in an electronic form (or other form), to another organisation. We will require your clear consent to be able to do this.

4. Right to Object

We cannot share your information with anyone else for a purpose that is not directly related to your health, e.g. medical research or educational purposes. We would always ask you for your consent in order to do this. You have the right to object to personal data about you being used or shared in this way.

You also have the right to restrict the use of data the practice holds about you. If you do wish to object, please contact the practice. This will prevent your confidential information being used other than where necessary by law.

If you are a Carer and have a Lasting Power of Attorney for Health and Welfare then you can also object to personal data being used or shared on behalf of the patient who lacks capacity.

If you do not hold a Lasting Power of Attorney then you can raise your specific concerns with the patient’s GP. If you have parental responsibility and your child is not able to make an informed decision for themselves, then you can make a decision about information sharing on behalf of your child. If your child is competent then this must be their decision.

IF YOUR PERSONAL INFORMATION CHANGES

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 for this to be amended.

You have a responsibility to inform us as soon as possible of any changes so our records are accurate and up to date for you.

OBJECTIONS or COMPLAINTS

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, your GP practice 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. Your GP Practice 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 GP Practice for further information and to raise your objection.

You have a choice about whether you want your confidential patient information to be used in this way. If you are happy with this use of information you do not need to do anything. If you do choose to opt out, your confidential patient information will still be used to support your individual care.

National Data opt out

Our organisation is compliant with the national data opt-out policy.

To find out more or to register your choice to opt out, please click here, or telephone 0300 3035678. On the webpage you will:

• See what is meant by confidential patient information
• Find examples of when confidential patient information is used for individual care and examples of when it is used for purposes beyond individual care
• Find out more about the benefits of sharing data
• Understand more about who uses the data
• Find out how your data is protected
• Be able to set or change your opt-out setting
• Find the contact telephone number if you want to know any more or to set/change your opt out by phone

Complaints

In the event that your feel your GP Practice has 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 Manager.

THIRD PARTIES MENTIONED ON YOUR MEDICAL RECORD

 Sometimes we record information about third parties that you speak about to us, during any consultation. We are under an obligation to make sure we also protect that third party’s rights as an individual and to ensure that references to them which may breach their rights to confidentiality, are removed before we send any information to any other party, including yourself. Third parties can include: spouses, partners and other family members.

LEGAL JUSTIFICATION FOR COLLECTING AND USING YOUR INFORMATION

The Law says we need a legal basis to handle your personal and healthcare information.

• Contract: We have a contract with NHS England to deliver healthcare services to you. This contract provides that we are under a legal obligation to ensure that we deliver medical and healthcare services to the public.
• Consent: Sometimes we also rely on the fact that you give us consent to use your personal and healthcare information so that we can take care of your healthcare needs.

Please note that you have the right to withdraw consent at any time if you no longer wish to receive services from us.

• Necessary Care: Providing you with the appropriate healthcare, where necessary. The Law refers to this as protecting your vital interests, where you may be in a position not to be able to consent.
• Law: Sometimes the Law obliges us to provide your information to an organisation.

SPECIAL CATEGORIES

The Law states that personal information about your health falls into a special category of information because it is very sensitive. Reasons that may entitle us to use and process your information may be as follows:

• Public Interest: Where we may need to handle your personal information when it is considered to be in the public interest. For example, when there is an outbreak of a specific disease and we need to contact you for treatment, or we need to pass your information to relevant organisations to ensure you receive advice and/or treatment
• Consent: When you have given your consent
• Vital Interest: If you are incapable of giving consent, and we have to use your information to protect your vital interest (e.g. if you have had an accident and you need emergency treatment)
• Defending a Claim: If we need your information to defend a legal claim against us, by you, or by another party
• Providing you with Medical Care: Where we need your information to provide you with medical and healthcare services

CONTACTING YOU

Because we are obliged to protect any confidential information we hold about you, it is imperative that you let us know immediately if you change any of your contact details.

We may contact you using SMS texting to your mobile phone in the event that we need to notify you about appointments and other services we provide to you involving your direct care, therefore you must ensure that the details we have for you are up to date. This is to ensure we are actually contacting you, and not another person.

SECURITY

We take the security of your information very seriously and we do everything we can to ensure that your information is always protected and secure. We regularly update our processes and systems and we also ensure that our staff are properly trained.

If you remain dissatisfied with our response you can contact the Information Commissioner’s Office ;

Wycliffe House,

Water Lane,

Wimslow,

Cheshire

SK9 5AF

Enquiry Line: 01625 545700

or online at www.ico.gov.uk

WHERE ELSE TO FIND OUR PRIVACY NOTICE

A printed copy can be provided on request.  If English is not your first language and you would like a translated copy of this Privacy Notice, please contact the Practice Manager.

Changes to Privacy Policy

It is important to point out that we may amend this Privacy Notice from time to time.  If you are dissatisfied with any aspect of our Privacy Notice, please contact the Practice Manager or Data Protection Officer.

Data Sharing

NHS England aims to link information from all the different places where you receive care, such as hospital, community service and us, your GP Surgery. This will allow them to compare the care you received in one area against the care you received in another.

Information will be held in a secure environment called NHS England (NHSE). The role of NHSE is to ensure that high quality data is used appropriately to improve patient care. NHSE has legal powers to collect and analyse data from all providers of NHS care. They are committed, and legally bound, to the very highest standards of privacy and confidentiality to ensure that your confidential information is protected at all times.

This data can also be used, with permission, for research purposes.

• You can object to information containing data that identifies you from leaving the Practice. This will prevent identifiable information held in your record from being sent to NHSE secure environment. It will also prevent those who have gained special legal approval from using your health information for research.
• You can also object to any information containing data that identifies you from leaving the NHSE secure environment. This includes information from all places you receive NHS care, such as hospitals. If you object, confidential information will not leave NHSE and will not be used, except in very rare circumstances for example in the event of a public health emergency.

The law requires Doctors to provide some very limited information about certain things. The law says, for example, that Doctors must provide information to local authorities about some infectious diseases, e.g. if you had food poisoning. Very rarely, Doctors may be required to disclose information in order to detect a serious crime. Likewise, a court order can require Doctors to disclose certain information during a court case. 

Summary Care Record (SCR)

If you decide to have a SCR, it will contain important information about any medicines you are taking, allergies you suffer from and any bad reactions to medicines that you have had. This does not include diagnosis or procedures.

Giving healthcare staff access to this information can prevent mistakes being made when caring for you in an emergency or when your GP practice is closed. Your Summary Care Record will also include your name, address, date of birth and your unique NHS Number to help identify you correctly. If you and your GP decide to include more information it can be added, but only with your express permission.

For more information, phone 0300 123 3020 or visit www.nhscarerecords.nhs.uk

Care and Health Information Exchange (formerly the Hampshire Health Record)

The Care and Health Information Exchange (CHIE) contains key information from hospital, general practice, community care and social services. The system makes this available to the staff who care for you and your family wherever they are, making the treatment you receive safer and more accurate. CHIE is jointly managed by the HIOW ICB and SCW CSU on behalf of health and social care organisations in Hampshire, the Isle of Wight and Dorset.

For more information, visit www.careandhealthinformationexchange.org.uk

SystmOne Data Sharing

The practice uses a clinical computer system called SystmOne to store your medical information. The system is also used by other GP practices, Child Health Services, Community Services, Hospitals, Out of Hours, Palliative Care services and many more. Information may be shared with other NHS services delivering direct care to you so that everyone caring for you is fully informed about your medical history including medication and allergies. Other organisations may view your record with patient consent at the time.

Benefits of sharing information

Sharing information can help improve understanding, responses to different treatments and potential solutions. Information will also help to:

• Provide better information to out of hours and emergency services
• Prevent prescribing of medication to which you may already have an allergy
• Make more informed prescribing decisions about drugs and dosages
• Avoid unnecessary duplication in prescribing
• Increase clinician confidence when providing care
• Results of investigations, such as X-rays and laboratory tests
• Reduce referrals, ambulance journey admissions, tests, time wastage and visits to healthcare premises
• Find out basic details about you, such as address and next of kin

Do I have a choice?

Yes. You have the right to prevent confidential information about you from being shared or used for any purpose other than providing your care, except in special circumstances. You can click here to find out more about data sharing and to set a national data opt-out. You can also limit the information that identifies you to be shared outside this Practice by completing the sheet enclosed in this leaflet. This will prevent your confidential information being used other than where necessary by law.

Objecting on behalf of others

If you are a carer and have a Lasting Power of Attorney for Health and Welfare then you can object on behalf of the patient who lacks capacity. If you do not hold a Lasting Power of Attorney then you can raise your specific concerns with the patient’s GP.

If you have parental responsibility and your child is not able to make an informed decision for themselves, then you can make a decision about information sharing on behalf of your child. If your child is competent then this must be their decision.

Do I need to do anything?

Note your decisions on the Data Sharing form and return it to Reception. You can change your mind at any time, just complete another form. If you do not wish to share data for research, you can opt out by clicking this link.