Your information, what you need to know
This privacy notice explains why we collect information about you, how that information will be used, how we keep it safe and confidential and what your rights are in relation to this.
Why we collect information about you
Health care professionals who provide you with care are required by law to maintain records about your health and any treatment or care you have received. These records help to provide you with the best possible healthcare and help us to protect your safety.
We collect and hold data for the purpose of providing healthcare services to our patients and running our organisation which includes monitoring the quality of care that we provide. In carrying out this role we will collect information about you which helps us respond to your queries or secure specialist services. We will keep your information in written form and/or in digital form.
Our Commitment to Data Privacy and Confidentiality Issues
As a GP practice, all of our GPs, staff and associated practitioners are committed to protecting your privacy and will only process data in accordance with the Data Protection Legislation. This includes the General Data Protection Regulation (EU) 2016/679 (GDPR) now known as the UK GDPR, the Data Protection Act (DPA) 2018, the Law Enforcement Directive (Directive (EU) 2016/680) (LED) and any applicable national Laws implementing them as amended from time to time. The legislation requires us to process personal data only if there is a legitimate basis for doing so and that any processing must be fair and lawful.
In addition, consideration will also be given to all applicable Law concerning privacy, confidentiality, the processing and sharing of personal data including the Human Rights Act 1998, the Health and Social Care Act 2012 as amended by the Health and Social Care (Safety and Quality) Act 2015, the common law duty of confidentiality and the Privacy and Electronic Communications (EC Directive) Regulations.
Data we collect about you
Records which this GP Practice will hold or share about you will include the following:
- Personal Data – means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Special Categories of Personal Data – this term describes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
- Confidential Patient Information – this term describes information or data relating to their health and other matters disclosed to another (e.g. patient to clinician) in circumstances where it is reasonable to expect that the information will be held in confidence. Including both information ‘given in confidence’ and ‘that which is owed a duty of confidence’. As described in the Confidentiality: NHS code of Practice: Department of Health guidance on confidentiality 2003.
- Pseudonymised – The process of distinguishing individuals in a dataset by using a unique identifier which does not reveal their ‘real world’ identity.
- Anonymised – Data in a form that does not identify individuals and where identification through its combination with other data is not likely to take place
- Aggregated – Statistical data about several individuals that has been combined to show general trends or values without identifying individuals within the data.
How we use your information
Improvements in information technology are also making it possible for us to share data with other healthcare organisations for the purpose of providing you, your family and your community with better care. For example it is possible for healthcare professionals in other services to access your record with or without your permission when the practice is closed. Where your record is accessed without your permission it is necessary for them to have a legitimate basis in law. This is explained further in the Local Information Sharing at Appendix A.
Whenever you use a health or care service, such as attending Accident & Emergency or using Community Care services, important information about you is collected in a patient record for that service. Collecting this information helps to ensure you get the best possible care and treatment. 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 by the service
- research into the development of new treatments and care pathways
- preventing illness and diseases
- monitoring safety
- planning services
- risk stratification
- population Health Management
- safeguarding of children or vulnerable adults
- statutory disclosures
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 or with consent.
Pseudonymised or anonymised data is generally used for research and planning so that you cannot be identified.
A full list of details including the legal basis, any Data Processor involvement and the purposes for processing information can be found in Appendix A.
Safeguarding of children or vulnerable adults
If we have significant concerns or hear about an individual child or vulnerable adult being at risk of harm, we may share relevant information with other organisations, such as local authorities and the Police, involved in ensuring their safety.
Statutory disclosures
Sometimes we are duty bound by laws to disclose information to organisations such as the Care Quality Commission, the Driver and Vehicle Licencing Agency, the General Medical Council, Her Majesty’s Revenue and Customs and Counter Fraud services. In these circumstances we will always try to inform you before we are required to disclose and we only disclose the minimum information that the law requires us to do so.
How long do we hold information for?
All records held by the Practice will be kept for the duration specified by national guidance from NHS Digital, Health and Social Care Records Code of Practice. Once information that we hold has been identified for destruction it will be disposed of in the most appropriate way for the type of information it is. Personal confidential and commercially confidential information will be disposed of by approved and secure confidential waste procedures. We keep a record of retention schedules within our information asset registers, in line with the Records Management Code of Practice for Health and Social Care 2021.
Individuals Rights under UK GDPR
Under UK GDPR 2016 the Law provides the following rights for individuals. The NHS upholds these rights in a number of ways.
- 1. The right to be informed
- 2. The right of access
- 3. The right to rectification
- 4. The right to erasure (not an absolute right) only applies in certain circumstances
- 5. The right to restrict processing
- 6. The right to data portability
- 7. The right to object
- 8. Rights in relation to automated decision making and profiling.
Your right to opt out of data sharing and processing
The NHS Constitution states ‘You have a right to request that your personal and confidential information is not used beyond your own care and treatment and to have your objections considered’.
Type 1 Opt Out
This is an objection that prevents an individual’s personal confidential information from being shared outside of their general practice except when it is being used for the purposes of their individual direct care, or in particular circumstances required by law, such as a public health screening, or an emergency like an outbreak of a pandemic disease. If patients wish to apply a Type 1 Opt Out to their record they should make their wishes known to the practice manager.
National data opt-out (NDOO)
The national data opt-out was introduced on 25 May 2018, enabling patients to opt-out from the use of their data for research or planning purposes, in line with the recommendations of the National Data Guardian in her Review of Data Security, Consent and Opt-Outs.
The national data opt-out replaces the previous ‘type 2’ opt-out, which required NHS Digital not to use a patient’s confidential patient information for purposes beyond their individual care, for Planning or Research. Any patient that had a type 2 opt-out recorded on or before 11 October 2018 has had it automatically converted to a national data opt-out. Those aged 13 or over were sent a letter giving them more information and a leaflet explaining the national data opt-out. For more information go to National data opt out programme
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
Right of Access to your information (Subject Access Request)
Under Data Protection Legislation everybody has the right of access to, or request a copy of, information we hold that can identify them, this includes medical records. There are some safeguards regarding what patients will have access to and they may find information has been redacted or removed for the following reasons;
- It may be deemed to risk causing harm to the patient or others
- The information within the record may relate to third parties who are entitled to their confidentiality, or who have not given their permission for the information to be shared.
Patients do not need to give a reason to see their data. And requests can be made verbally or in writing. Although we may ask them to complete a form in order that we can ensure that they have the correct information required.
Where multiple copies of the same information is requested the surgery may charge a reasonable fee for the additional copies.
Patients will need to provide proof of identity to receive this information. We will not share information relating to you with other individuals without your explicit instruction or without sight of a legal document.
Patients may also request to have online access to their data, they may do this via the NHS APP, or via the practices system. If you would like to access your GP record online click here Register for Online Services | Rosebank Health.
COVID Passport access
Patients may access their Covid passport via the link, the practice cannot provide this document as it is not held in the practice record. If you have any issues gaining access to your Covid Passport or letter you should call: 119
Change of Detail
It is important that you tell the surgery if any of your contact details such as your name or address have changed, or if any of your other contacts details are incorrect including third party emergency contact details. It is important that we are made aware of any changes immediately in order that no information is shared in error.
Mobile telephone number
If you provide us with your mobile phone number, we will use this to send you text reminders about your appointments or other health related information. It is within our legal duty as a public authority to keep our patients updated with important information.
We also use the NHS Account Messaging Service provided by NHS England to send you messages relating to your health and care. You need to be an NHS App user to receive these messages. Further information about the service can be found at the privacy notice for the NHS App managed by NHS England.
Email address
Where you have provided us with your email address, we will use this to send you information relating to your health and the services we provide. If you do not wish to receive communications by email please let us know.
Notification
Data Protection Legislation requires organisations to register a notification with the Information Commissioner to describe the purposes for which they process personal and sensitive information.
We are registered as a Data Controller and our registration can be viewed online in the public register at: www.ico.org.uk/register-of-fee-payers
Any changes to this notice will be published on our website and in a prominent area at the Practice.
Data Protection Officer
Should you have any data protection questions or concerns, please contact our Data Protection Officer via the surgery at: caroline.dominey-strange@nhs.net
What is the right to know?
The Freedom of Information Act 2000 (FOIA) gives people a general right of access to information held by or on behalf of public authorities, promoting a culture of openness and accountability across the public sector. You can request any non-personal information that the GP Practice holds, that does not fall under an exemption. You may not ask for information that is covered by the Data Protection Legislation under FOIA. However you can request this under a right of access request – see section above ‘Access to your information’.
Right to Complain
If you have concerns or are unhappy about any of our services, please contact Susie Graham, the Practice Manager. Or via the ICO details listed below.
For independent advice about data protection, privacy and data-sharing issues, you can contact:
The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 0303 123 1113 Website: https://ico.org.uk/global/contact-us
The NHS Care Record Guarantee
The NHS Care Record Guarantee for England sets out the rules that govern how patient information is used in the NHS, what control the patient can have over this, the rights individuals have to request copies of their data and how data is protected under the Data Protection Act 1998.
www.systems.digital.nhs.uk/nhscrg.pdf
The NHS Constitution
The NHS Constitution establishes the principles and values of the NHS in England. It sets out the rights patients, the public and staff are entitled to. These rights cover how patients access health services, the quality of care you’ll receive, the treatments and programmes available to you, confidentiality, information and your right to complain if things go wrong.
www.gov.uk/the-nhs-constitution-for-england
The Practice will share your information with these organisations where there is a legal basis to do so:
| Activity | Rationale |
| Commissioning and contractual purposes Invoice ValidationPlanningQuality and Performance | Purpose: Anonymous data is used by the ICB for planning, performance and commissioning purposes, as directed in the practices contract, to provide services as a public authority. Legal Basis: UK GDPR 6 1(b) Contractual obligation as set out in the Health and Social Care Act for Quality and Safety 2015Patients may opt out of having their personal confidential data used for Planning or research. Please contact your surgery to apply a Type 1 Opt out or logon to https://www.nhs.uk/your-nhs-data-matters/manage-your-choice/ to apply a National Data Opt Out Processors/Recipients: Gloucestershire Integrated Care Board (ICB) |
| Local shared care record – JUYI – Joining Up Your Information | Purpose: Health and Social care services are developing shared systems to share data efficiently and quickly. It is important for anyone treating you to be able to access your shared record so that they have all the information they need to care for you. This will be during your routine appointments and in urgent situations such as going to A&E, calling 111 or going to an Out of hours appointment. It is also quicker for staff to access a shared record than to try to contact other staff by phone or email. Only authorised staff can access the systems and the information they see is carefully checked so that it relates to their job. Systems do not share all your data, just data which services have agreed is necessary to include. Legal Basis – · 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’ Processor: NHS Gloucestershire ICB, Kainos, Orion |
| Summary Care Record | Purpose: The NHS in England uses a national electronic record called the Summary Care Record (SCR) to support patient care. It contains key information from your GP record. Your SCR provides authorised healthcare staff with faster, secure access to essential information about you in an emergency or when you need unplanned care, where such information would otherwise be unavailable. Legal Basis: Direct Care under UK 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’. Patients have the right to opt out of having their information shared with the SCR by completion of the form which can be downloaded here and returned to the practice. Please note that by opting out of having your information shared with the Summary Care Record could result in a delay to care that may be required in an emergency.Full details are available at: Summary Care Record supplementary transparency notice – NHS Digital Processors/Recipients: NHS England and NHS Digital |
| Shared Care Record | Purpose: In order for the practice to have access to a shared record, the Integrated Care Service has commissioned a number of systems including GP connect, which is managed by NHS England, to enable a shared care record, which will assist in patient information to be used for a number of care related services. These may include Population Health Management, Direct Care, and analytics to assist with planning services for the use of the local health population. Where data is used for secondary uses no personal identifiable data will be used. Where personal confidential data is used for Research explicit consent will be required. Legal Basis – · 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’ Processor: NHS England |
| Research | Purpose: We may share personal confidential or anonymous information with research companies for the purpose of exploring new ways of providing healthcare and treatment forpatients with certain conditions. This data will not be used for any other purpose. Where you have opted out of having your identifiable information shared for this purpose your information will be removed. Legal Basis: Where sharing of personal identifiable data is required the legal basis of Article 6 1 (a) and 9 2 (h) Consent will be required. Where identifiable data is required for research, patient consent will be needed, unless there is a legitimate reason under law to do so or there is support under the Health Service (Control of Patient Information Regulations) 2002 (‘section 251 support’) applying via the Confidentiality Advisory Group in England and Wales. Sharing of aggregated non identifiable data is permitted. Processors/Recipients: Various organisations may be involved in Research |
| Individual Funding Requests | Purpose: We may need to process your personal information where we are required to fund specific treatment for you for a particular condition that is not already covered in our contracts. Legal Basis: The clinical professional who first identifies that you may need the treatment will explain to you the information that is needed to be collected and processed in order to assess your needs and commission your care; they will gain your explicit consent to share this. You have the right to withdraw your consent at any time. Under UK GDPR Article 6 1 (e) Public Task and Article 9 2 (h) health data apply. Processors/Recipients: Health Intelligence, on behalf of NHS England |
| Child Health Information Service | Purpose: We wish to make sure that your child has the opportunity to have immunisations and health checks when they are due. We share information about childhood immunisations, the 6-8 week new baby check and breast-feeding status with health visitors and school nurses. Legal Basis: Direct Care. Processors/Recipients: SCW CSU, on behalf of NHS England |
| Safeguarding Adults & Children | Purpose: We will share personal confidential information with the safeguarding team where there is a need to assess and evaluate any safeguarding concerns and to protect safety. Consent may not be required to share information for this purpose. Legal Basis: in some cases consent will be required otherwise – 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’. Processors/Recipients: ICB safeguarding team, Gloucestershire County Council, Gloucestershire Police. |
| Risk Stratification – Preventative Care | Purpose: ‘Risk stratification for case finding’ is a process for identifying and managing patients who have or may be at-risk of health conditions (such as diabetes) or who are most likely to need healthcare services (such as people with frailty). Risk stratification tools used in the NHS help determine a person’s risk of suffering a particular condition and enable us to focus on preventing ill health before it develops. Information about you is collected from a number of sources including NHS Trusts, GP Federations and your GP Practice. A risk score is then arrived at through an analysis of your de-identified information. This can help us identify and offer you additional services to improve your health. If you do not wish information about you to be included in any risk stratification programmes, please let us know. We can add a code to your records that will stop your information from being used for this purpose. Please be aware that this may limit the ability of healthcare professionals to identify if you have or are at risk of developing certain serious health conditions. Type of Data – Identifiable / Pseudonymised / Anonymised / Aggregate Data. Legal Basis: GDPR Art. 6(1) (e) and Art.9 (2) (h). The use of identifiable data by ICBs and GPs for risk stratification has been approved by the Secretary of State, through the Confidentiality Advisory Group of the Health Research Authority (approval reference (CAG 7-04)(a)/2013)) and this approval has been extended to the end of September 2022 NHS England Risk Stratification which gives us a statutory legal basis under Section 251 of the NHS Act 2006 to process data for risk stratification purposes which sets aside the duty of confidentiality. We are committed to conducting risk stratification effectively, in ways that are consistent with the laws that protect your confidentiality. Processors/Recipients: South, West and Central Commissioning Support Unit; Gloucestershire ICB |
| Public HealthScreening programmes (identifiable)Notifiable disease information (identifiable)Smoking cessation (anonymous)Sexual health (anonymous) | Purpose: Personal identifiable and anonymous data is shared. The NHS provides national screening programmes so that certain diseases can be detected at an early stage. These currently apply to bowel cancer, breast cancer, aortic aneurysms and diabetic retinal 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-screeningprogrammes or speak to the practice. Legal Basis: Sharing personal data for this purpose is governed by the COPI Reg 2.Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’6 1 (f) Legitimate interestsAnd Article 9(2)(h) Health data as stated below9 2 (i) Public health. Processors/Recipients: Integrated South West Public Health Commissioning Team NHS England and NHS Improvement South (South West). |
| Direct CareNHS TrustsCommunity ProvidersPharmaciesEnhanced care providersNursing HomesOther Care Providers | Purpose: Personal information is shared with other secondary care trusts in order to provide you with direct care services. This could be hospitals or community providers for a range of services, including treatment, operations, physio, and community nursing, ambulance service. Legal 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 Article 6 1 (e) direct care and 9 2 (h) to provide health or social care. Processors/Recipients: Gloucestershire Hospitals NHS Foundation Trust; Gloucestershire Health & Care NHS Foundation Trust; South Western Ambulance Service NHS Foundation Trust and other care providers. |
| Care Quality Commission | Purpose: The CQC is the regulator for the English Health and Social Care services to ensure that safe care is provided. They will inspect and produce reports back to the GP practice on a regular basis. The Law allows the CQC to access identifiable data.More detail on how they ensure compliance with data protection law (including GDPR) and their privacy statement is available on their website: https://www.cqc.org.uk/about-us/our-policies/privacy-statement Legal Basis: Article 6(1)(c) “processing is necessary for compliance with a legal obligation to which the controller is subject.” And Article 9(2) (h) as stated below Processors/Recipients: Care Quality Commission |
| Population Health Management | Purpose: Health and care services work together as ‘Integrated Care Systems’ (ICS) and are sharing data in order to: 1. Understand the health and care needs of the care system’s population, including health inequalities• Provide support to where it will have the most impact 2. Identify early actions to keep people well, not only focusing on people in direct contact with services, but looking to join up care across different partners. (NB this links to the Risk Stratification activity identified above) Type of Data Identifiable / Pseudonymised / Anonymised / Aggregate Data. NB only organisations that provide your direct care will see your identifiable data. Legal Basis: Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ And Article 9(2)(h) Processors/Recipients: ICB, Optum |
| Payments, Invoice validation | Purpose: Contract holding GPs in the UK receive payments from their respective governments on a tiered basis. Most of the income is derived from baseline capitation payments made according to the number of patients registered with the practice on quarterly payment days. These amount paid per patient per quarter varies according to the age, sex and other demographic details for each patient. There are also graduated payments made according to the practice’s achievement of certain agreed national quality targets known as the Quality and Outcomes Framework (QUOF), for instance the proportion of diabetic patients who have had an annual review. Practices can also receive payments for participating in agreed national or local enhanced services, for instance opening early in the morning or late at night or at the weekends. Practices can also receive payments for certain national initiatives such as immunisation programs and practices may also receive incomes relating to a variety of non patient related elements such as premises. Finally there are short term initiatives and projects that practices can take part in. Practices or GPs may also receive income for participating in the education of medical students, junior doctors and GPs themselves as well as research. In order to make patient based payments basic and relevant necessary data about you needs to be sent to the various payment services. The release of this data is required by English laws. Legal Basis: Article 6(1)(c) “processing is necessary for compliance with a legal obligation to which the controller is subject.” And Article 9(2)(h) ‘as stated below. Processors/Recipients: NHS England, ICB, Public Health |
| Patient Record data base | Purpose: Your medical record will be processed in order that a data base can be maintained, this is managed in a secure way and there are robust processes in place to ensure your medical record is kept accurate, and up to date. Your record will follow you as you change surgeries throughout your life.Closed records will be archived by NHS England Legal Basis: Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ And Article 9(2)(h) Processors/Recipients: TPP – SystmOne and PCSE |
| Medical reportsSubject Access Requests | Purpose: Your medical record may be shared in order that: 1. Solicitors/persons acting on your behalf can conduct certain actions as instructed by you. 2. Insurance companies seeking a medical reports where you have applied for services offered by then can have a copy to your medical history for a specific purpose. Legal Basis: under GDPR Article 6 1 (a) and 9 2(a) explicit consent will be required before a GP can share your record for either for these purposes. Processors/Recipients: Solicitors, Insurance organisations |
| Medicines ManagementMedicines Optimisation | Purpose: Your medical record is shared with the medicines management team pharmacists, in order that your medication can be kept up to date and any changes can be implemented. ICBs operate pharmacist and prescribing advice services to support local GP practices with prescribing queries, which may require identifiable information to be shared. These pharmacists work with your usual GP to provide advice on medicines and prescribing queries, and review prescribing of medicines to ensure that it is appropriate for your needs, safe and cost-effective. Legal Basis: Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ And Article 9(2)(h) Processors/Recipients: Gloucestershire ICB and Gloucestershire Hospitals NHS Foundation Trust |
| Primary Care Network (PCN) | Purpose: Your medical record will be shared with the practices within our PCN in order that they can provide direct care services to the patient population. Legal Basis: Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ And Article 9(2)(h) as stated below Processors/Recipients: Rosebank Health PCN |
| Smoking cessation | Purpose: Personal information is shared in order for the smoking cessation service to be provided. Legal Basis: consented Processors/Recipients: Gloucestershire Healthy Lifestyles |
| Clinical Audit (including Primary Care Data Extraction Process (PCDES)) | Purpose: Information will be used by the ICB for clinical audit to monitor the quality of the service provided to patients with long terms conditions. When required, information will be held centrally and used for statistical purposes (e.g. the National Diabetes Audit). When this happens, strict measures are taken to ensure that individual patients cannot be identified from the data. Legal Basis: 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…’ Processors/Recipients: Gloucestershire ICB, Sollis |
| Department for Work and Pensions | Purpose: Our practice is legally required to provide limited data to the Department for Work and Pensions for the management of the social care system and fraud prevention. Legal Basis: Article 9(2)(b) ‘necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection..’ Processors/Recipients: Department for Work & Pensions |
| National Fraud Initiative – Cabinet Office | Purpose: The use of data by the Cabinet Office for data matching is carried out with statutory authority. It does not require the consent of the individuals concerned under Data Protection legislation. Data matching by the Cabinet Office is subject to a Code of Practice. For further information see: www.gov.uk/government/publications/code-of-data-matching-practice-for-national-fraud-initiative Legal Basis: Part 6 of the Local Audit and Accountability Act 2014. Processors/Recipients: Cabinet Office / Local Fraud team |
| National Registries | Purpose: National Registries (such as the Learning Disabilities Register) have statutory permission under Section 251 of the NHS Act 2006, to collect and hold service user identifiable information without the need to seek informed consent from each individual service user. Legal Basis: Section 251 of the NHS Act 2006 |
| Medication/Prescribing | Purpose: Prescriptions containing personal identifiable and health data will be shared with chemists/pharmacies, in order to provide patients with essential medication or treatment as their health needs dictate. This process is achieved either by face to face contact with the patient or electronically. Where patients have specified a nominated pharmacy they may wish their repeat or acute prescriptions to be ordered and sent directly to the pharmacy making a more efficient process. Arrangements can also be made with the pharmacy to deliver medication. Legal Basis: Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ And Article 9(2)(h) as stated below. Patients will be required to nominate a preferred pharmacy. Processors/Recipients: Pharmacy of choice |
| Police | Purpose: Personal confidential information may be shared with the Police authority for certain purposes. The level of sharing and purpose for sharing may vary. Where there is a legal basis for this information to be shared consent will not always be required. Legal Basis: GDPR –6 1 (c) Legal Obligation. Article 6 1 (f) legitimate interest9(2) (c) Vital Interests; 9(2) (f) Legal claims or judicial acts; 9(2) (g) Reasons of substantial public interest (with a basis in law). Processors/Recipients: Police |
| Coroners | Purpose: Personal health records or information relating to a deceased patient may be shared with the coroner or medical examiner upon request. Legal Basis: UK GDPR Article 6 1 (c) Legal Obligation 9 2 (h) Health data. Coroners and Justice Act 2009. Processors/Recipients: Coroner, Medical Examiners |
| Private healthcare providers | Purpose: Personal information shared with private health care providers in order to deliver direct care to patients at the patient’s request. Consent from the patient will be required to share data with Private Providers. Legal Basis: Article 6 1 (a) and 9 2 (h) Consented and under contract between the patient and the provider. Processors/Recipients: Nuffield Health, Winfield Hospital and others |
| Messaging Service | Purpose: Personal identifiable information shared with the messaging service in order that messages including; appointment reminders; results; campaign messages related to specific patients health needs; and direct messages to patients, can be transferred to the patient in a safe way. Legal Basis: UK GDPR Article 6 1 (b) Contract, Article 6 1 (e) Public task, Article 9 2 (h) Health data. Processors/Recipients: AccuRX, Mjog, SystmConnect, Engage consult, Footfall, X-on Surgery Connect |
| Remote consultationIncluding – Video ConsultationClinical photography | Purpose: Personal information including images may be processed, stored and with the patients consent shared, in order to provide the patient with urgent medical advice. Legal Basis: Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ And Article 9(2)(h) Health data as stated below, Processors/Recipients: e-Consult, AccuRX, X-on Surgery Connect |
| MDT meetings | Purpose: For some long term conditions, the practice participates in meetings with staff from other agencies involved in providing care, to help plan the best way to provide care to patients with these conditions. Personal data will be shared with other agencies in order that mutual care packages can be decided. Legal Basis: Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ And Article 9(2)(h) Health data as stated below. Processors/Recipients: Direct Care providers |
| iGPR Managed Service | Purpose: The iGPR Managed Service allows Rosebank Health to devolve the processing and reporting process for medical reports and DSARs, to iGPR Technologies LtdThe iGPR solution has been developed as a digital solution by iGPR Technologies Ltd in line with NHS Digital information governance and data protection standards and has been used by GP surgeries since 2015. Legal Basis: The practice has a legal obligation to process requests for information under GDPR Article 6.1.c – Legal obligation. Information will only be shared with a third party where there is consent. Processors/Recipients: iGPR |
| General Practice Extraction Service (GPES) At risk patients data collection Version 3. 1.CVDPREVENT Audit 2. Physical Health Checks for people with Severe Mental Illness 3. National Obesity Audit | Purpose: GP practices are required to provide data extraction of their patients personal confidential information for various purposes to NHS England. The objective of this data collection is on an ongoing basis to identify patients registered at General Practices who fit within a certain criteria, in order to monitor and either provide direct care, or prevent serious harm to those patients. Below is a list of the purposes for the data extraction, by using the link you can find out the detail behind each data extraction and how your information will be used to inform this essential work: At risk patients including severely clinically vulnerable NHS England has directed NHS England to collect and analyse data in connection with Cardiovascular Disease Prevention Audit GPES Physical Health Checks for people with Severe Mental Illness (PHSMI) data collection. National Obesity Audit – NHS Digital Legal Basis – All GP Practices in England are legally required to share data with NHS England for this purpose under section 259(1)(a) and (5) of the The Health and Social Care Act 2012 Further detailed legal basis can be found in each link. Any objections to this data collection should be made directly to NHS England. enquiries@nhsdigital.nhs.uk Processor – NHS England |
| Learning Disability Mortality ProgrammeLeDer | Purpose: The Learning Disability Mortality Review (LeDeR) programme was commissioned by NHS England to investigate the death of patients with learning difficulties and Autism to assist with processes to improve the standard and quality of care for people living with a learning disability and Autism. Records of deceased patients who meet with this criteria will be shared with NHS England. Legal Basis: It has approval from the Secretary of State under section 251 of the NHS Act 2006 to process patient identifiable information who fit within a certain criteria. Processors/Recipients: ICB, NHS England |
| Technical SolutionPseudonymisation | Purpose: Personal confidential and special category data in the form of medical record, is extracted under contract for the purpose of pseudonymisation. This will allow no patient to be identified within the data set that is created. SCWCSU has been commissioned to provide a data processing service for the GPs, no other processing will be undertaken under this contract. Legal Basis: Under UK GDPR the legitimate purpose for this activity is under contract to provide assistance. Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ And Article 9(2)(h) Health data as stated below. Processors/Recipients: SCW CSU |
| ACR Testing (Urine albumin to creatinine ratio testing) | Purpose: To ensure appropriate adherence with the urinary albumin test for people living with conditions that make them at risk of chronic kidney disease.We work with Health.IO to contact patients and provide home ACR test kits. Patients will be contacted by the Practice and be able to opt out of this service. Legal Basis: Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ And Article 9(2)(h) as stated below. Processors/Recipients: Healthy.IO |
| Professional Training | Purpose: We are a training surgery. Our clinical team are required to be exposed to on the job, clinical experience, as well as continual professional development. On occasion you may be asked if you are happy to be seen by one of our GP registrars, pharmacists or other clinical team to assist with their training as a clinical professional. You may also be asked if you would be happy to have a consultation recorded for training purposes. These recordings will be shared and discussed with training GPs at the surgery, and also with moderators at the RCGP and HEE. Legal Basis: 6 1 (a) consent, patients will be asked if they wish to take part in training sessions.9 2 (a) – explicit consent will be required when making recordings of consultations Recordings remain the control of the GP practice and they will delete all recordings from the secure site once they are no longer required. Processors/Recipients: RCGP, HEE, iConnect, Fourteen Fish |
| Anticoagulation Monitoring | Purpose: Personal Confidential data is shared with LumiraDX in order to provide an anticoagulation clinic to patients who are on anticoagulation medication. This will only affect patients who are within this criteria. Legal Basis: The legal basis for this activity under UK GDPR isArticle 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ And Article 9(2)(h) Health data as stated below Processors/Recipients: LumiraDX INRStar |
| iGPR | Purpose: Your medical record will be shared in order that a report can be provided to agencies such as insurance companies or solicitors. Legal Basis: Your consent will be required to share your record for this purpose Processor: iGPR |
| AccurRX | Purpose: AccuRX will process data about patients to allow the GP practice to provide a service to patients. It can be used to send advice, notify a patient of normal results, remind them to book appointments, leave a message if the practice fails to get through. Provide two way texting, with patients having the ability to reply once. Video Conferencing between Clinician and Patient. Legal Basis: For processing Personal Data: GDPR 6(1)(e) ‘processing is necessary for the performance of a task carried out in the exercise of official authority vested in the controller.’For processing Special Category Data (e.g. health): GDPR 9(2)(h) ‘processing is necessary for the purposes of preventive medicine, the provision of health care, and the management of health or social care systems.’ Common law duty of confidentiality: The use of patients’ confidential information will be for providing care and will be on the basis of implied consent. Processor: AccuRX |
| X-on Telephone System | Purpose: Rosebank Health use X-on’s cloud-based phone system, Surgery Connect. This system enables the practice to make and receive calls. The system also provides a queue-based system with functionality for patients to be called back rather than wait in a queue. This system also records all calls, which are retained for 6 months. Purpose: To accept and receive phone calls. To enable a queue-based system so patients can get through to the practice when open and their calls answered in the order that they phoned the practice. Call recording is used to identify practice staff training needs, protect practice staff from nuisance or abusive calls, establish facts relating to incoming/outgoing calls made (e.g. complaints/disciplinary issues) and identify any issues in practice processes with a view to improving them. Calls are routed through X-On’s network, recorded and stored by X-ON. The recordings are kept on their servers in a secure environment that cannot be accessed externally except by authenticated users.X-On satisfy the security requirements for ISO 27001 Security Standards certification, and ISO 9001 Quality Management System Standards certification. X-on are a Crown Commercial Service Supplier and have been assessed against the NHS Information Governance Toolkit. More information can be found www.x-on.co.uk/patient-data-security and www.x-on.co.uk/terms-conditions Legal 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)(b) ‘Carrying out of obligations under employment, social security or social protection law, or a collective agreement’ Article 9(2)(c) ‘Vital interests of a data subject who is physically or legally incapable of giving consent.’ 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…” Processor: X-on |
| GetUBetter, MSK self-management app | Purpose: This app will allow patients to manage their MSK condition at home by following advice and videos in the app. Legal Basis: GDPR 6(1)(e) ‘processing is necessary for the performance of a task carried out in the exercise of official authority vested in the controller.’GDPR 9(2)(h) ‘processing is necessary for the purposes of preventive medicine, the provision of health care, and the management of health or social care systems.’ Processor: getUBetter |
| Lexacom Scribe: | Purpose: Lexacom Scribe is a secure transcription service. The system will allow Rosebank Health to have clinical dictations transcribed accurately and in a timely manner. Legal Basis: Under the legal basis of UK GDPR Article 6 1 (e) Public Task, Article 9 2 (h) Health data Processor: Lexacom |
| Microtech – Surgery Pod | Purpose: The Surgery Pod solution is accessed directly by patients at Kingsway Health Centre and Rosebank Surgery. The system collects data from them through a mix of data inputs (e.g. – Asthma Review/Smoking/Alcohol consumption) and automated data readings (e.g. – Blood Pressure & Weight). The data will then be used by Clinicians to either take further action dependent on the values inputted by the patients and will be inserted into the patients GP medical record. The data is stored within the secure Microsoft Azure cloud platform. Legal Basis: For processing Personal Data: GDPR 6(1)(e) ‘processing is necessary for the performance of a task carried out in the exercise of official authority vested in the controller.’ Processor: For processing Special Category Data: (e.g. health): GDPR 9(2)(h) ‘processing is necessary for the purposes of preventive medicine, the provision of health care, and the management of health or social care systems.’ |
| Physical Health Checks for Serious Mental Illness – Independence Trust Practice Support | Purpose: In order to improve take up of Physical Health Checks for patient with a Serious Mental Illness, Rosebank Health are working with Independence Trust who will be contacting patients on behalf of Rosebank to discuss the importance of an annual health check, they will encourage uptake and offer support with booking and attending appointments. Legal Basis: For processing Personal Data: GDPR 6(1)(e) ‘processing is necessary for the performance of a task carried out in the exercise of official authority vested in the controller.’Processor: For processing Special Category Data: (e.g. health): GDPR 9(2)(h) ‘processing is necessary for the purposes of preventive medicine, the provision of health care, and the management of health or social care systems. |
| Altogether Better Collaborative Practice | Purpose: Altogether Better Collaborative Practice is working with Rosebank Health to find new ways of working with patients to make life better for everybody: the people using the practice’s services and the people working in them. Champions elsewhere around the country have volunteered their time to collaborate with the practice team in order to design, develop and host a range of non-clinical groups, activities or simply connections that help meet the social/non-medical needs of patients. For example sociable coffee mornings, peer support groups, hobby groups, connecting people to other groups and activities in the local community. Champions will not have access to Patient information. Rosebank Health will send an SMS text to randomised selection of patients advising them of the opportunity to become a volunteer health champion. Experience from this project elsewhere has demonstrated that it is most productive to aim for a broad cross section of the practice’s population. The invites are sent by the practice (not by Altogether Better) to patients who have consented to receive SMS messages from them in relation to patient care. Legal Basis: Lawfulness of processing- Article 6 (1) (e) ‘…for the performance of a public task carried out in the public interest or in the exercise of official authority. Processing of special categories of personal data Article 9 (2) (h) ‘…medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems’.Sharing Personal Data is carried out subject to the conditions and safeguards of Obligation of Professional Secrecy Article 9 (3). Processor: Altogether Better |
| NHS South, Central and West Commissioning Support Unit – Child Health Information Services (CHIS) | Purpose: South, Central and West Child Health Information Services (SCW CHIS) is commissioned by NHS England to support the monitoring of care delivered to children. Personal data is collected from the child’s GP record to enable health screening, physical examination and vaccination services to be monitored to ensure that every child has access to all relevant health interventions. For more information: Fair Processing Notice Child Health Information Services – NHS SCW Support and Transformation for Health and Care (scwcsu.nhs.uk) – https://www.scwcsu.nhs.uk/legal/fair-processing-notice-child-health-information-services Legal Basis: 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…” Processor: SCW, Apollo Medical Software Solutions, SystemC |
| Prospective Access to GP Records Online | Purpose – To provide patients with the facility to access their prospective medical record on or after 31 October 2023.Legal basis – Under UK GDPR to process Personal Confidential Data Art. 6. 1 c) Legal Obligation / Under UK GDPR to process Special Categories of Data Art. 9. 2 d) Legitimate ActivityProcessors -NHS Digital / TPP |
| Medical Examiner Service(Change to community Medical Examiners name) – Gloucestershire Hospitals NHS Foundation Trust | Purpose: Purpose: Medical records associated with deceased patients are outside scope of the UK GDPR. However, next of kin details are within the scope of the UK GDPR. We will share specified deceased patient records and next of kin details with the Medical Examiners within Gloucestershire Hospitals NHS Foundation Trust. Legal Basis: Article 6(1)(c) – necessary under a legal obligation to which the controller is subject”; and Article 9(2)(h)– “processing is necessary for the purposes of preventive 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”. Processor: Medical Examiners service – Gloucestershire Hospitals NHS Foundation Trust |
| Automated Processing – Patient Registration | Purpose: The aim of the Healthtech-1’s service is to reduce the time practice staff spend on administration and improve the patient’s experience of engaging with the practice. Healthtech-1’s automated registration product ‘Sanny’ is designed to reduce the ‘time till registration’ for patients, increase the quality and quantity of data collected, and reduce the burden of registrations on the administration team. Lega Basis: 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…” Processor: Healthtech-1 |
Reviews of and Changes to our Privacy Notice
We will keep our Privacy Notice under regular review. This notice was last reviewed in October 2023.
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…’; 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…”