This practice keeps data on you relating to various areas of your care which may include:
- who you are and where you live
- what you do
- your family and employers
- your habits, problems, diagnoses
- the reasons you seek help
- your appointments, where and when you are seen and by whom
- referrals to specialists and other healthcare providers
- tests carried out here and in other places including investigations and scans
- treatments and outcomes of treatments including your treatment history
- the observations and opinions of other professional healthcare workers both within and outside the NHS
- 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 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 he or she is accountable. It is not possible for the GP to provide hands on personal care for each and every one of those patients in those circumstances, for this reason GPs share your care with others, predominantly within the surgery but occasionally with outside organisations.
If your health needs require care from others elsewhere outside this practice we will exchange with them whatever information about you that is necessary for them to provide that care. When you make contact with healthcare providers outside the practice, but within the NHS, it is usual for them to send us information relating to that encounter. We will retain part or all of those reports. Normally we will receive equivalent reports of contacts you have with non NHS services but this is not always the case.
Your consent to this sharing of data, within the practice and with those others outside the practice, is assumed and is allowed by the Law.
People who have access to your information will only normally have access to that which they need to fulfil their roles, for instance admin staff will normally only see your name, address, contact details, appointment history and registration details in order to book appointments. The practice nurses will normally have access to your immunisation, treatment, significant active and important past histories, your allergies and relevant recent contacts whilst the GP you see or speak to will normally have access to everything in your record.
You have the right to object to our sharing your data in these circumstances but we have an overriding responsibility to do what is in your best interests. Please see below.
Data Protection Legislation comprises of General Data Protection Regulation (GDPR) 2016 in conjunction with the Data Protection Act (DPA) 2018.
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
Warmdene Surgery, County Oak Medical Centre, Carden Hill, Brighton, BN1 8DD
2) Data Protection Officer contact details
Trudy Slade - GP Information Governance (IG) and Data Protection Officer (DPO) for Sussex SES
NHS South, Central and West Commissioning Support Unit,
Omega House, 112 Southampton Road, Eastleigh,
Hampshire, SO50 5PB
Enquiries : BHCCG.firstname.lastname@example.org
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.
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 and 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. https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016
Or speak to the Practice Manager
9) Right to Complain.
You have the right to complain to the Information Commissioner’s Office using the following link: https://ico.org.uk/global/contact-us/ OR calling their helpline Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)
There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website)
* “Common Law Duty of Confidentiality”, common law is not written out in one document like an Act of Parliament, but 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 this is a legal duty to do so, for example a court order.