Privacy Policy

Patient Privacy Notice

 

Elgar House Surgery

Patient Privacy Notice

Elgar House surgery uses your information to provide you with healthcare

This practice keeps medical records confidential and complies with the General Data Protection Regulation.

We hold your medical record so that we can provide you with safe care and treatment. 

We will also use your information so that this practice can check and review the quality of the care we provide. This helps us to improve our services to you. 

  • We will share relevant information from your medical record with other health or social care staff or organizations when they provide you with care. For example, your GP will share information when they refer you to a specialist in a hospital. Or your GP will send details about your prescription to your chosen pharmacy. 
  • Healthcare staff working in A&E, out of hours, community trust and the Extended Hours Hub will also have access to your information. For example, it is important that staff who are treating you in an emergency know if you have any allergic reactions. This will involve the use of your Summary Care Record. For more information see: https://digital.nhs.uk/summary-care-records 
  • You have the right to object to information being shared for your own care. Please speak to the practice if you wish to object. You also have the right to have any mistakes or errors corrected.

Other important information about how your information is used to provide you with healthcare

Registering for NHS care

·         All patients who receive NHS care are registered on a national database. 

·         This database holds your name, address, date of birth and NHS Number but it does not hold information about the care you receive. 

·         The database is held by NHS Digital, a national organization which has legal responsibilities to collect NHS data. 

·         More information can be found at: https://digital.nhs.uk or the phone number  for general enquires at NHS Digital is 0300 303 5678

 

Identifying patients who might be at risk of certain diseases

 

·         Your medical records will be searched by a computer programme so that we can identify patients who might be at high risk from certain diseases such as heart disease or unplanned admissions to hospital. 

·         This means we can offer patients additional care or support as early as possible. 

·         This process will involve linking information from your GP record with information from other health or social care services you have used. 

·         Information which identifies you will only be seen by this practice. 

More information can be found at: www.midlandsandlancashirecsu.nhs.uk/products/aristotle-business-intelligence/

 

 

Safeguarding

 

·         Sometimes we need to share information so that other people, including healthcare staff, children or others with safeguarding needs, are protected from risk of harm. 

·         These circumstances are rare. 

·         We do not need your consent or agreement to do this. 

·         More details can be found in our local policies, details of which are available from the Practice Manager 

Friends & Family Test

·         All NHS organisations are required to actively seek feedback on the treatment we provide to all patients. 

·         The process will involve us sending you SMS message following you attendance at the surgery 

·         The result of this feedback is then reported monthly using non identifiable information to NHS England who publish the data on NHS England and NHS Choices websites.


We are required by law to provide you with the following information about how we handle your information.

Data Controller contact details

 

Dr Neman & Partners

Elgar House Surgery

Church Road

Redditch

Worcestershire

B97 4AB

 

Data Protection Officer contact details

 

Hayley Gidman, Data Protection Officer

Midlands and Lancashire Commissioning Support Unit

Heron House

120 Grove Road

Fenton

Stoke-on-Trent

ST4 4LX

 

E-mail: mlcsu.dpo@nhs.net

 

Telephone: 01782 872648

 

Purpose of the processing

 

·         To give direct health or social care to individual patients. 

·         For example, when a patient agrees to a referral for direct care, such as to a hospital, relevant information about the patient will be shared with the other healthcare staff to enable them to give appropriate advice, investigations, treatments and/or care. 

·         To check and review the quality of care. (This is called audit and clinical governance).

Lawful basis for processing

 

These purposes are supported under the following sections 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…’; and 

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...”  

Healthcare staff will also respect and comply with their obligations under the common law duty of confidence.

 

 

Recipient or categories of recipients of the processed data

 

 The data will be shared with:

·         healthcare professionals and staff in this surgery;

·         hospitals;

·         out of hours services;

·         diagnostic and treatment centres;

·         or other organisations involved in the provision of direct care to individual patients.

  • The Kingfisher Primary Care Network for the provision of health care or treatment 

 

Rights to object

 

·         You have the right to object to information being shared between those who are providing you with direct care. 

·         This may affect the care you receive – please speak to the practice. 

·         You are not able to object to your name, address and other demographic information being sent to NHS Digital.

 ·         This is necessary if you wish to be registered to receive NHS care. 

·         You are not able to object when information is legitimately shared for safeguarding reasons. 

·         In appropriate circumstances it is a legal and professional requirement to share information for safeguarding reasons. This is to protect people from harm. 

·         The information will be shared with the local safeguarding service www.worcestershire.gov.uk and Redditch & Bromsgrove CCG Safeguarding Professionals 

Right to access and correct

·         You have the right to access your medical record and have any errors or mistakes corrected. Please speak to a member of staff. 

  • We are not aware of any circumstances in which you will have the right to delete correct information from your medical record; although you are free to obtain your own legal advice if you believe there is no lawful purpose for which we hold the information and contact us if you hold a different view.

 

Retention period

 

GP medical records will be kept in line with the law and national guidance. Information on how long records are kept can be found at: https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016

  

 

Right to complain

 

 You have the right to complain to the Information Commissioner’s Office. If you wish to complain follow this link https://ico.org.uk/global/contact-us/ or call the helpline 0303 123 1113 

Data we get from other organisations

We receive information about your health from other organisations who are involved in providing you with health and social care. For example, if you go to hospital for treatment or an operation the hospital will send us a letter to let us know what happens. This means your GP medical record is kept up-to date when you receive care from other parts of the health service.

 

How your information is used for medical research and to measure the quality of care

 

Medical research

Elgar House surgery shares information from medical records:

·         to support medical research when the law allows us to do so, for example to learn more about why people get ill and what treatments might work best; 

·         we will also use your medical records to carry out research within the practice. 

 This is important because: 

·         the use of information from GP medical records is very useful in developing new treatments and medicines; 

·         medical researchers use information from medical records to help answer important questions about illnesses and disease so that improvements can be made to the care and treatment patients receive.

We share information with the following medical research organizations with your explicit consent or when the law allows: CRN West Midlands | NIHR Clinical Research Network (CRN). You have the right to object to your identifiable information being used or shared for medical research purposes. Please speak to the practice if you wish to object.

 

Checking the quality of care - national clinical audits

Elgar House surgery contributes to national clinical audits so that healthcare can be checked and reviewed.

·         Information from medical records can help doctors and other healthcare workers measure and check the quality of care which is provided to you. 

·         The results of the checks or audits can show where hospitals are doing well and where they need to improve. 

·         The results of the checks or audits are used to recommend improvements to patient care. 

·         Data are sent to NHS Digital, a national body with legal responsibilities to collect data. 

·         The data will include information about you, such as your NHS Number and date of birth and information about your health which is recorded in coded form -  for example the code for diabetes or high blood pressure. 

·         We will only share your information for national clinical audits or checking purposes when the law allows. 

·         For more information about national clinical audits see the Healthcare Quality Improvements Partnership website: https://www.hqip.org.uk/ or phone 020 7997 7370. 

·         You have the right to object to your identifiable information being shared for national clinical audits. Please contact the practice if you wish to object.

     

We are required by law to provide you with the following information about how we share your information for medical research purposes.

Data Controller contact details

 

Dr Newman & Partners

Elgar House Surgery

Church Road

Redditch

Worcestershire

B97 4AB

 

Data Protection Officer contact details

 

Hayley Gidman, Data Protection Officer

Midlands and Lancashire Commissioning Support Unit

Heron House

120 Grove Road

Fenton

Stoke-on-Trent

ST4 4LX

 

E-mail: mlcsu.dpo@nhs.net

 

Telephone: 01782 872648

Purpose of the processing

 

Medical research and to check the quality of care which is given to patients (this is called national clinical audit).

Lawful basis for processing

 

The following sections of the GDPR mean that we can use medical records for research and to check the quality of care (national clinical audits) 

Article 6(1)(e) – ‘processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller’. 

Article 9(2)(a) – ‘the data subject has given explicit consent…’ (medical research instigated by the practice only) 

To check the quality of care (clinical audit):

Article 9(2)(h) – ‘processing is necessary for the purpose of preventative…medicine…the provision of health or social care or treatment or the management of health or social care systems and services...’

 

Recipient or categories of recipients of the processed data

 

For medical research the data will be shared with CRN West Midlands NIHR Clinical Research Network (CRN) with your explicit consent only

For national clinical audits which check the quality of care the data will be shared with NHS Digital under the lawful basis above

 

Rights to object and the national data opt-out

 

You have a right to object under the GDPR and the right to ‘opt-out’ under the national data opt-out model. The national data opt-out model provides an easy way for you to opt-out of: 

Information that identifies you being used or shared for medical research purposes and quality checking or audit purposes.

 To find out more about your opt-out choices please go to NHS Digital’s website: https://digital.nhs.uk/services/national-data-opt-out-programme

 

Right to access and correct

·         You have the right to access your medical record and have any errors or mistakes corrected. Please speak to a member of staff 

  • We are not aware of any circumstances in which you will have the right to delete correct information from your medical record; although you are free to obtain your own legal advice if you believe there is no lawful purpose for which we hold the information and contact us if you hold a different view.

 

 

 

Retention period

 

 

 GP medical records will be kept in line with the law and national guidance. Information on how long records are kept can be found at: https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016

 

Right to complain

 

You have the right to complain to the Information Commissioner’s Office. If you wish to complain follow this link https://ico.org.uk/global/contact-us/  or call 0303 123 1113

How your information is shared so that this practice can meet legal requirements

The law requires Elgar House surgery to share information from your medical records in certain circumstances. Information is shared so that the NHS or Public Health England can, for example: 

·         plan and manage services;

·         check that the care being provided is safe;

·         prevent infectious diseases from spreading. 

 

We will share information with NHS Digital, the Care Quality Commission and local health protection team (or Public Health England) when the law requires us to do so. Please see below for more information. 

We must also share your information if a court of law orders us to do so.

 

Third party processors

In order to deliver the best possible service, the practice will share data (where required) with other NHS bodies such as other GP practices and hospitals. In addition the practice will use carefully selected third party service providers. When we use a third party service provider to process data on our behalf then 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. Examples 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, text message reminders etc.
  • Delivery services (for example if we were to arrange for delivery of any medicines to you).
  • Payment providers (if for example you were paying for a prescription or a service such as travel vaccinations).

 

 

 NHS Digital

·         NHS Digital is a national body which has legal responsibilities to collect information about health and social care services. 

·         It collects information from across the NHS in England and provides reports on how the NHS is performing. These reports help to plan and improve services to patients. 

·         This practice must comply with the law and will send data to NHS Digital, for example, when it is told to do so by the Secretary of State for Health or NHS England under the Health and Social Care Act 2012. 

·         More information about NHS Digital and how it uses information can be found at:

https://digital.nhs.uk/home 

 

Care Quality Commission (CQC)

·         The CQC regulates health and social care services to ensure that safe care is provided. 

·         The law says that we must report certain serious events to the CQC, for example, when patient safety has been put at risk. 

·         For more information about the CQC see: http://www.cqc.org.uk/

  

 

Public Health

·         The law requires us to share data for public health reasons, for example to prevent the spread of infectious diseases or other diseases which threaten the health of the population. 

·         We will report the relevant information to local health protection team or Public Health England. 

·         For more information about Public Health England and disease reporting see: https://www.gov.uk/guidance/notifiable-diseases-and-causative-organisms-how-to-report


We are required by law to provide you with the following information about how we handle your information and our legal obligations to share data.

Data Controller contact details

 

Dr Newman & Partners

Elgar House Surgery

Church Road

Redditch

Worcestershire

B97 4AB

 

Data Protection Officer contact details

 

Hayley Gidman, Data Protection Officer

Midlands and Lancashire Commissioning Support Unit

Heron House

120 Grove Road

Fenton

Stoke-on-Trent

ST4 4LX

 

E-mail: mlcsu.dpo@nhs.net

 

Telephone: 01782 872648

 

Purpose of the processing

 

Compliance with legal obligations or court order.

Lawful basis for processing

 

The following sections of the GDPR mean that we can share information when the law tells us to. 

Article 6(1)(c) – ‘processing is necessary for compliance with a legal obligation to which the controller is subject…’ 

Article 9(2)(h) – ‘processing is necessary for the purpose of preventative…medicine…the provision of health or social care or treatment or the management of health or social care systems and services...’

Recipient or categories of recipients of the processed data

 

·         The data will be shared with NHS Digital.

·         The data will be shared with the Care Quality Commission.

·         The data will be shared with our local health protection team or Public Health England.

·         The data will be shared with the court if ordered. 

Rights to object and the national data opt-out

 

There are very limited rights to object when the law requires information to be shared but government policy allows some rights of objection as set out below. 

NHS Digital

·         You have the right to object to information being shared with NHS Digital for reasons other than your own direct care.

·         This is called a ‘Type 1’ objection – you can ask your practice to apply this code to your record.

·         Please note: The ‘Type 1’ objection, however, will no longer be available after 2020.

·         This means you will not be able to object to your data being shared with NHS Digital when it is legally required under the Health and Social Care Act 2012.

 To find out more about your opt-out choices please go to NHS Digital’s website: https://digital.nhs.uk/services/national-data-opt-out-programme 

Public health

·         Legally information must be shared under public health legislation. This means that you are unable to object. 

Care Quality Commission

·         Legally information must be shared when the Care Quality Commission needs it for their regulatory functions. This means that you are unable to object. 

Court order

·         Your information must be shared if it ordered by a court. This means that you are unable to object.

Right to access and correct

·         You have the right to access your medical record and have any errors or mistakes corrected. Please speak to a member of staff 

  • We are not aware of any circumstances in which you will have the right to delete correct information from your medical record; although you are free to obtain your own legal advice if you believe there is no lawful purpose for which we hold the information and contact us if you hold a different view.

Retention period

 

GP medical records will be kept in line with the law and national guidance. Information on how long records are kept can be found at: https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016

or speak to the practice. 

Right to complain

 

You have the right to complain to the Information Commissioner’s Office. If you wish to complain follow this link https://ico.org.uk/global/contact-us/  or call the helpline 0303 123 1113

 

National screening programmes

 

·         The NHS provides national screening programmes so that certain diseases can be detected at an early stage. 

·         These screening programmes include bowel cancer, breast cancer, cervical cancer, aortic aneurysms and a diabetic eye screening service. 

·         The law allows us to share your contact information with Public Health England so that you can be invited to the relevant screening programme. 

·         More information can be found at: https://www.gov.uk/topic/population-screening-programmes


We are required by law to provide you with the following information about how we handle your information in relation to our legal obligations to share data.

Data Controller contact details

 

Dr Newman & Partners

Elgar House Surgery

Church Road

Redditch

Worcestershire

B97 4AB

 

Data Protection Officer contact details

 

Hayley Gidman, Data Protection Officer

Midlands and Lancashire Commissioning Support Unit

Heron House

120 Grove Road

Fenton

Stoke-on-Trent

ST4 4LX

 

E-mail: mlcsu.dpo@nhs.net

 

Telephone: 01782 872648

 

Purpose of the processing

 

·         The NHS provides several national health screening programmes to detect diseases or conditions early such as cervical and breast cancer, aortic aneurysm and diabetes. 

·         The information is shared so that the correct people are invited for screening. This means those who are most at risk can be offered treatment. 

Lawful basis for processing

 

The following sections of the GDPR allow us to contact patients for screening. 

Article 6(1)(e) – ‘processing is necessary…in the exercise of official authority vested in the controller...’’ 

Article 9(2)(h) – ‘processing is necessary for the purpose of preventative…medicine…the provision of health or social care or treatment or the management of health or social care systems and services...’

Recipient or categories of recipients of the processed data

 

The data will be shared with all National Screening Programmes

Rights to object

 

For national screening programmes: you can opt so that you no longer receive an invitation to a screening programme.

See: https://www.gov.uk/government/publications/opting-out-of-the-nhs-population-screening-programmes 

 

Right to access and correct

·         You have the right to access your medical record and have any errors or mistakes corrected. Please speak to a member of staff 

  • We are not aware of any circumstances in which you will have the right to delete correct information from your medical record; although you are free to obtain your own legal advice if you believe there is no lawful purpose for which we hold the information and contact us if you hold a different view.

Retention period

 

GP medical records will be kept in line with the law and national guidance.

Information on how long records can be kept can be found at: https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016 

Right to complain

 

You have the right to complain to the Information Commissioner’s Office. If you wish to complain follow this link https://ico.org.uk/global/contact-us/ or call the helpline 0303 123 1113 

Data we get from other organisations

We receive information about your health from other organisations who are involved in providing you with health and social care. For example, if you go to hospital for treatment or an operation the hospital will send us a letter to let us know what happens. This means your GP medical record is kept up-to date when you receive care from other parts of the health service.

 

COVID-19 and your information 

Example supplementary privacy note on COVID-19 for patients and service users

This notice describes how we may use your information to protect you and others during the COVID-19 outbreak. It supplements our main privacy notice which is available [add link to your privacy notice here].

The health and social care system is facing significant pressures due to the COVID-19 outbreak. Health and care information is essential to deliver care to individuals, to support health and social care services and to protect public health. Information will also be vital in researching, monitoring, tracking and managing the outbreak. In the current emergency it has become even more important to share health and care information across relevant organisations.

Existing law which allows confidential patient information to be used and shared appropriately and lawfully in a public health emergency is being used during this outbreak. Using this law, the Secretary of State has required NHS Digital; NHS England and Improvement; Arm’s Length Bodies (such as Public Health England); local authorities; health organisations and GPs to share confidential patient information to respond to the COVID-19 outbreak. Any information used or shared during the COVID-19 outbreak will be limited to the period of the outbreak unless there is another legal basis to use the data. Further information is available on gov.uk and some FAQs on this law are also available on the NHSX website.

During this period of emergency, opt-outs will not generally apply to the data used to support the COVID-19 outbreak, due to the public interest in sharing information. This includes National Data Opt-outs. However, in relation to the Summary Care Record, existing choices will be respected. Where data is used and shared under these laws your right to have personal data erased will also not apply. It may also take us longer to respond to Subject Access Requests, Freedom of Information requests and new opt-out requests whilst we focus our efforts on responding to the outbreak.

In order to look after your health and care needs, we may share your confidential patient information including health and care records with clinical and non-clinical staff in other health and care providers, for example neighbouring GP practices, hospitals and NHS 111. We may also use the details we have to send public health messages to you, either by phone, text or email. [Is there anyone else information will be shared with for individual care? If so, please add here].

During this period of emergency, we may offer you a consultation via telephone or video conferencing. By accepting the invitation and entering the consultation you are consenting to this. Your personal/confidential patient information will be safeguarded in the same way it would with any other consultation.

We will also be required to share personal/confidential patient information with health and care organisations and other bodies engaged in disease surveillance for the purposes of protecting public health, providing healthcare services to the public and monitoring and managing the outbreak. Further information is available about how health and care data is being used and shared by other NHS and social care organisations in a variety of ways to support the COVID-19 response.

NHS England and Improvement and NHSX have developed a single, secure store to gather data from across the health and care system to inform the COVID-19 response. This includes data already collected by NHS England, NHS Improvement, Public Health England and NHS Digital. New data will include 999 call data, data about hospital occupancy and A&E capacity data as well as data provided by patients themselves. All the data held in the platform is subject to strict controls that meet the requirements of data protection legislation.

[Is there anyone else information will be shared with, for purposes beyond individual care relating to COVID-19? If so, please add here].

In such circumstances where you tell us you’re experiencing COVID-19 symptoms we may need to collect specific health data about you. Where we need to do so, we will not collect more information than we require, and we will ensure that any information collected is treated with the appropriate safeguards.

We may amend this privacy notice at any time so please review it frequently.