Privacy Notice for General Practice (How we use your personal information)
How we use your personal information
This Privacy Notice explains why the GP practice collects information about you and how that information may be used.
The health care professionals who provide you with care maintain records about your health and any treatment or care you have received previously (e.g. NHS Trust, GP Surgery, Walk-in clinic, etc.). These records are used to help to provide you with the best possible healthcare.
NHS health care records may be electronic, on paper or a mixture of both, and we use a combination of working practices and technology to ensure that your information is kept confidential and secure.
Records this GP Practice hold about you may include the following information;
- Details about you, such as your name, address, carers, legal representatives and emergency contact details
- Any contact the surgery has had with you, such as appointments, clinic visits, emergency appointments, etc.
- Notes and reports about your health
- Details about your treatment and care
- Results of investigations such as laboratory tests, x-rays, etc.
- Relevant information from other health professionals, relatives or those who care for you
To ensure you receive the best possible care, your records are used to facilitate the care you receive.
Information held about you may be used to help protect the health of the public and to help us manage the NHS. Information may be used within the GP practice for clinical audit to monitor the quality of the service provided.
Some of this information will be held centrally and used for statistical purposes. Where we do this, we take strict measures to ensure that individual patients cannot be identified. Sometimes your information may be requested to be used for research purposes – the surgery will always gain your consent before releasing the information for this purpose.
Risk stratification data tools are increasingly being used in the NHS to help determine a person’s risk of suffering a particular condition, preventing an unplanned or (re)admission and identifying a need for preventive intervention. Information about you is collected from a number of sources including NHS Trusts and from this GP Practice. A risk score is then arrived at through an analysis of your non identifiable information using software and is only provided back to your GP as data controller in an identifiable form. Risk stratification enables your GP to focus on preventing ill health and not just the treatment of sickness. If necessary your GP may be able to offer you additional services. Please note that you have the right to opt out of your data being used in this way.
The Practice may conduct Medicines Management Reviews of medications prescribed to its patients. This service performs a review of prescribed medications to ensure patients receive the most appropriate, up to date and cost effective treatments.
How do we maintain the confidentiality of your records?
We are committed to protecting your privacy and will only use information collected lawfully in accordance with:
- Data Protection Act 1998 and General Data Protection Regulation 2016
- 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
Every member of staff who works for an NHS organisation has a legal obligation to keep information about you confidential.
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 (e.g. life or death situations), where the law requires information to be passed on and / or in accordance with the new information sharing principle following Dame Fiona Caldicott’s information sharing review (Information to share or not to share) where “The duty to share information can be as important as the duty to protect patient confidentiality.” This means that health and social care professionals should have the confidence to share information in the best interests of their patients within the framework set out by the Caldicott principles. They should be supported by the policies of their employers, regulators and professional bodies.
Who are our partner organisations?
We may also have to share your information, subject to strict agreements on how it will be used, with the following organizations;
- NHS/Foundation Trusts (your care and treatment)
- Specialist Trusts (your care and treatment)
- GP’s (your care and treatment)
- Clinical system provider (SystmOne allows health and social care providers who are involved in delivering care to you (either currently or in the future) to benefit from being able to access your electronic health record, to support them with making a fully informed decision about the care you require. The practices have set their allowed list of providers which includes: University Hospitals of Leicester, Leicestershire Partnership Trust, LOROS, Derbyshire Health United, Leicester City Council, Leicestershire County Council and Rutland County Council).
- NHS Commissioning Support Units
- Independent Contractors such as dentists, opticians, pharmacists (your care and treatment)
- Private Sector Providers (Private hospitals such as Spire and Nuffield for your care and treatment)
- Overseas healthcare providers (your care and treatment and emergency care whilst abroad)
- Voluntary Sector Providers (with your consent)
- Ambulance Trusts (Emergency care)
- Clinical Commissioning Groups/or any legitimate NHS organisations
- Social Care Services (safeguarding and emergency care or with your consent)
- Health and Social Care Information Centre (HSCIC)
- Local Authorities (safeguarding and emergency care or with your consent)
- Education Services (safeguarding and emergency care or with your consent)
- Fire and Rescue Services (Emergency)
- Police & Judicial Services (Emergency)
- Primary Care Defence Organisations (Patient complaints against Practice/GP)
- Patient Participation Group (Representing you as a patient)
- Other ‘data processors’ which you will be informed of
You will be informed who your data will be shared with and in some cases asked for explicit consent for this happen when this is required.
We may also use external companies to process personal information, such as for archiving purposes. These companies are bound by contractual agreements to ensure information is kept confidential and secure.
Access to personal information
You have a right under the Data Protection Act 1998 to request access to view or to obtain copies of what information the surgery holds about you and to have it amended should it be inaccurate. In order to request this, you need to do the following:
- Your request must be made in writing to the GP – for information from the hospital you should write direct to them
- We are required to respond to you within 1 calendar month
- 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
Objections / Complaints
Should you have any concerns about how your information is managed at the GP, please contact any member of the Management Team at the GP Practice. If you are still unhappy following a review by the GP practice, you can then complain to the Information Commissioners Office (ICO) via their website (www.ico.gov.uk).
If you are happy for your data to be extracted and used for the purposes described in this privacy notice then you do not need to do anything. If you have any concerns about how your data is shared then please contact the practice.
Change of Details
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 in order for this to be amended. You have a responsibility to inform us of any changes so our records are accurate and up to date for you.
The Data Protection Act 1998 requires organizations to register a notification with the Information Commissioner to describe the purposes for which they process personal and sensitive information.
This information is publicly available on the Information Commissioners Office website www.ico.org.uk
The practice is registered with the Information Commissioners Office (ICO).
Who is the Data Controller?
The Data Controller, responsible for keeping your information secure and confidential is:
Westcotes Medical Practice,Westcotes Health Centre, Fosse Road Souith, Leicester, LE3 0LP
Should you have any concerns about how your information is managed by the Practice please contact Practice at the following address:
Complaints Manager, Westcotes Medical Practice, Fosse Road South , Leicester , LE3 0LP
Further information about the way in which the NHS uses personal information and your rights in that respect can be found in:
- The NHS Care Record Guarantee : http://www.nigb.nhs.uk/pubs/nhscrg.pdf
- The NHS Constitution : https://www.gov.uk/government/publications/the-nhs-constitution-for-england
- NHS Digital’s Guide to Confidentiality in Health & Social Care gives more information on the rules around information sharing : http://content.digital.nhs.uk/article/4979/Assuring-information
An independent review of information about patients is shared across the health and care system led by Dame Fiona Caldecott was conducted in 2012. The report, Information: To share or not to share? The Information Governance Review, be found at: https://www.gov.uk/government/publications/the-information-governance-review
NHS England – Better Data, Informed Commissioning, Driving Improved Outcomes: Clinical Data Sets provides further information about the data flowing within the NHS to support commissioning.
Please visit the NHS Digital website for further information about their work. Information about their responsibility for collecting data from across the health and social care system can be found.
The Information Commissioner’s Office is the Regulator for the Data Protection Act 1998 and offer independent advice and guidance on the law and personal data, including your rights and how to access your personal information. For further information please visit the www.ico.gov.uk
SHARING YOUR MEDICAL RECORD
Your medical information may now be used by your GP and other healthcare providers in new ways. You have a choice about this. If you want to discuss any of this information please ask to speak to the practice manager. If you wish to opt out of any of the options below please inform a member of the reception team.
Summary Care Record (SCR)
· What it is: Basic but important details relating to the medicines you take, allergies you have and any medicines that make you ill.
· Who it’s shared with: Healthcare professionals in an emergency (e.g. in A & E)
· Why it’s useful: could be particularly important in an emergency situation when you may not be able to talk directly to those caring for you.
Enhanced Data Sharing Model (eDSM)
· What it is: your GP records.
· Who it’s shared with: Your GP, Healthcare professionals at another NHS establishment (such as a Walk in Centre or Urgent Care Centre etc)
· Why it’s useful: If you attend for medical reasons to get the best possible treatment. However, they will only be able to view your records if they ask your permission to do so and they must record that you agree to this and to any information they record to be relayed to your GP. If you do not agree they will not view your record.
· What it is: your health related information.
· Who it’s shared with: Health professionals working in different organisations (e.g. the Clinical Commissioning Groups, the Health & Social Care Information Centre).
· Why it’s useful: The NHS seeks to make the best use of limited resources when delivering their services to the public. One means of doing this is to identify individuals or communities at greatest risk of developing certain conditions, such as diabetes. These risk calculations allow us to make decisions on the best course of treatment for you.
· What it is: information about your care from those involved in providing care and health services, including information such as your postcode and NHS number to link your records from these different places. A secure system is used to protect your identity. We sometimes release confidential information to approved researchers, if this is allowed by law and meets the strict rules that are in place to protect your privacy. We will only use the minimum information needed to improve patient care and services.
· Who it’s shared with: those who plan health and social care services, as well as approved researchers and organisations outside the NHS, if this will benefit patient care.
· Why it’s useful: Sharing information helps us understand health needs and the quality of the treatment and care provided. It also helps researchers by supporting studies that identify patterns in diseases, responses to different treatments, and the effectiveness of different services.