The Data Protection Act 1998 has been replaced by the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.
This practice keeps data on you relating to who you are, where you live, what you do, your family, possibly your friends, your employers, your habits, your problems and diagnoses, the reasons you seek help, your appointments, where you are seen and when you are seen, who by, referrals to specialists and other healthcare providers, tests carried out here and in other places, investigations and scans, treatments and outcomes of treatments, your treatment history, the observations and opinions of other healthcare workers, within and without the NHS as well as comments and aide memoires reasonably made by healthcare professionals in this practice who are appropriately involved in your health care.
When registering for NHS care, all patients who receive NHS care are registered on a national database. The database is held by NHS Digital, a national organisation which has legal responsibilities to collect NHS data.
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 they are accountable. It is not possible for the GP to provide hands on personal care for each and every one of those patients in those circumstances; for this reason GPs share your care with others, predominantly within the surgery but occasionally with outside organisations.
If your health needs require care from others elsewhere outside this practice we will exchange with them whatever information about you that is necessary for them to provide that care. When you make contact with healthcare providers outside the practice but within the NHS it is usual for them to send us information relating to that encounter. We will retain part or all of those reports. Normally we will receive equivalent reports of contacts you have with non NHS services but this is not always the case.
Your consent to this sharing of data, within the practice and with those others outside the practice is assumed and is allowed by the Law.
Most places where you receive healthcare will keep electronic patient health records. Our electronic system, SystmOne, enables your record to be shared with organisations involved in your direct care, after they have asked your consent. 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.
You have the right to ask your GP to disable electronic sharing of your record or restrict access to specific elements of your record. This will mean that the information recorded by your GP 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.
We hold some multidisciplinary team meetings, for example with the local hospice and community nurses regarding patients at the end of life. Microsoft Teams will provide a secure video meeting platform to discuss patients’ needs during the COVID-19 pandemic. No patient data will be shared with the Microsoft Teams provider.
People who have access to your information will only normally access that which they need to fulfil their roles. For example, admin staff will normally only look at your name, address, contact details, appointment history and registration details in order to book appointments, but will look at blood results if you ask them to tell you your results; a practice nurse would usually access your immunisation, treatment, significant active and important past histories, your allergies and relevant recent contacts; 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
Woodlands & Clerklands Partnership
2) Data Protection Officer contact details
07833 239618 / Trudy.email@example.com
|3) Purpose of the processing
||Direct Care is care delivered to the individual alone, most of which is provided in the surgery. After a patient agrees to a referral for direct care elsewhere, such as a referral to a specialist in a hospital, necessary and relevant information about the patient, their circumstances and their problem will need to be shared with the other healthcare workers, such as specialist, therapists, technicians etc. The information that is shared is to enable the other healthcare workers to provide the most appropriate advice, investigations, treatments, therapies and or care.
|4) Lawful basis for processing
The processing of personal data in the delivery of direct care and for providers’ administrative purposes in this surgery and in support of direct care elsewhere is supported under the following Article 6 and 9 conditions of the GDPR:
Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’.
Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services...”
We will also recognise your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality”*
|5) Recipient or categories of recipients of the processed data
||The data will be shared with Health and care professionals and support staff in this surgery and at hospitals, diagnostic and treatment centres who contribute to your personal care. If you are booked an appointment at the local Improved Access Hub, or an online consultation via the LIVI app, you will be asked to confirm that you are happy to share your data with the GPs who are employed by these services. Unless you have opted out, local services will be able to access your electronic medical records after asking your consent if you are registered for care with them; these include extended access GP services run by ABC, HERE and IPC, local hospices, and the services run by the Sussex Community NHS Foundation Trust (SCFT) which include community services such as district nurses, rehabilitation services, child health services that undertake routine treatment or health screening, urgent care organisations, minor injury units or out of hours services, and community hospitals. For patients on certain anticoagulation medications, we use an anticoagulation database service provided by LumiraDx to monitor your blood results and make sure your medication is prescribed at the correct dosage. Local hospitals to whom you may be referred include the Surrey and Sussex Healthcare trust’s hospitals (including East Surrey and Crawley Hospitals), Queen Victoria Hospital in East Grinstead, and Dorking Hospital.
There are many other services to whom we regularly refer patients. Please ask your GP at the time of referral for the details as to where you will be referred.
|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. You can opt out of your electronic health record being shared by contacting the surgery.
|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. https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016 or speak to the practice for more information.
|9) Right to Complain
You have the right to complain to the Information Commissioner’s Office. To do so, you can use this link https://ico.org.uk/global/contact-us/ or call their helpline:
Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)
There are National Offices for Scotland, Northern Ireland and Wales; see ICO website for details.
* “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.
Other Privacy Notices
Information given to the surgery by patients may be recorded and could be shared with other organisations in order to provide patient care. It might also be used to support clinical audit and other work to monitor the quality of care provided. Please be aware that any photographs you send to the surgery will be stored within your medical record.
Patients have the right to object to information they provide in confidence being disclosed to a third party in a form that identifies them, even if that third party is someone who might provide essential healthcare.
Patients have the right to see their medical records. Where multiple copies of records are requested, a fee will be charged in accordance with GDPR. Please contact your Patient Services Manager for further information.
A Summary Care Record is an electronic record that's stored at a central location. As the name suggests, the record will not contain detailed information about your medical history, but will only contain important health information, such as:
- whether you're taking any prescription medication
- whether you have any allergies
- whether you've previously had a bad reaction to any medication
Access to your Summary Care Record will be strictly controlled. The only people who can see the information will be healthcare staff directly involved in your care who have a special smartcard and access number (like a chip-and-pin credit card).
Healthcare staff will ask your permission every time they need to look at your Summary Care Record. If they cannot ask you, e.g. because you're unconscious, healthcare staff may look at your record without asking you. If they have to do this, they will make a note on your record.
You have a choice. If you are happy for your information to be uploaded then you do not have to do anything. If you have any concerns or wish to prevent this from happening, please speak to practice staff at reception who will provide you with an opt out form. More information can be found by clicking here.
Please be aware that if you chose to opt out of SCR, this does not opt you out of the care.data or the Enhanced Data Sharing Model (eDSM), you must request that separately
If you are a registered patient you will have an electronic medical record held on our secure clinical system, which is called SystmOne. A facility is now available whereby your record can be shared between clinicians and others, in different care settings, who are involved with your care. Unless you choose to opt out, your care record held by your GP practice or medical service will be shared with other medical services involved in your care, such as district nursing, health visiting, physiotherapy, podiatry, Out of Hours (OOH) providers in our area, and Crawley Urgent Care Centre etc. 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. You will be asked consent before a healthcare worker accesses your medical records.
Please be aware that if you chose to opt out of eDSM, this does not opt you out of the care.data or the Summary Care Record (SCR). You must request that separately.