Privacy Notice – Direct Care
Kepier Medical Practice – Privacy Notice – Direct Care (routine care & referrals)
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 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 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.
Kepier Medical Practice is one of many organisations working in the health and care system to improve care for patients and the public.
Whenever you use a health or care service, such as attending the Practice, Accident & Emergency or using Community Care services, important information about you is collected to help ensure you get the best possible care and treatment and to ensure that the standards of service provided are of the highest quality. Your data may be used to contact you about your experiences of using such services via surveys and questionnaires.
The information collected about you when you use these services can also be used and provided to other organisations for purposes beyond your individual care, for instance to help with:
- improving the quality and standards of care provided
- research into the development of new treatments
- preventing illness and diseases
- monitoring safety
- planning services
This may only take place when there is a clear legal basis to use this information. All these uses help to provide better health and care for you, your family and future generations. Confidential patient information about your health and care is only used like this where allowed by law.
Most of the time, anonymised data is used for research and planning so that you cannot be identified in which case your confidential patient information is not needed.
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.
To find out more or to register your choice to opt out, please visit www.nhs.uk/your-nhs-data-matters. On this web page 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 access the system to view, 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
- See the situations where the opt-out will not apply
You can also find out more about how patient information is used at:
https://www.hra.nhs.uk/information-about-patients/ (which covers health and care research); and
https://understandingpatientdata.org.uk/what-you-need-know (which covers how and why patient information is used, the safeguards and how decisions are made)
You can change your mind about your choice at any time.
Data being used or shared for purposes beyond individual care does not include your data being shared with insurance companies or used for marketing purposes and data would only be used in this way with your specific agreement.
Health and care organisations have until 2020 to put systems and processes in place so they can be compliant with the national data opt-out and apply your choice to any confidential patient information they use or share for purposes beyond your individual care. Our organisation ‘is currently’ compliant with the national data opt-out policy.
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.
What we hold about you:
We hold the following types of information about you:
- Basic details about you, such as your name, date of birth, NHS Number
- Contact details such as your address, telephone numbers, email address
- Contact details of your ‘Next of Kin’, a close relative, friend, or advocate
- Contacts we have had with you: scheduled and unscheduled appointments
- Details about your care; treatment and advice given, and referrals made
- Results of investigations, e.g. blood tests
- Relevant information from people who care for you and know you well
|1) Data Controller
|Kepier Medical Practice
Houghton le Spring
Tyne & Wear
|2) Data Protection Officer
(0191) 404 1000 ext. 3436
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
|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. For example.
Sunderland Royal Hospital
Queen Elizabeth Hospital
Royal Victoria Infirmary
James Cook Hospital
All other clinics used for the purpose of a referral to Secondary 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; this 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.
|9) Right to complain||You have the right to complain to the Information Commissioner’s Office. 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)
* “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.