1.1 Policy Statement
NHS Digital collects information with the purpose of improving health and care for everyone. The information collected is used to:
- Run the health service
- Manage epidemics
- Plan for the future
- Research health conditions, diseases and treatments
NHS Digital is a data controller and has a legal duty, in line with the General Data Protection Regulation (GDPR), to explain why it is using patient data and what data is being used. Similarly, St Clements Surgery has a duty to advise patients of the purpose of personal data and the methods by which patient personal data will be processed.
The practice aims to design and implement policies and procedures that meet the diverse needs of our service and workforce, ensuring that none are placed at a disadvantage over others, in accordance with the Equality Act 2010. Consideration has been given to the impact this policy might have in regard to the individual protected characteristics of those to whom it applies.
This document and any procedures contained within it are non-contractual and may be modified or withdrawn at any time. For the avoidance of doubt, it does not form part of your contract of employment.
This document and any procedures contained within it are contractual and therefore form part of your contract of employment. Employees will be consulted on any modifications or change to the document’s status.
1.4 Training and support
The practice will provide guidance and support to help those to whom it applies understand their rights and responsibilities under this policy. Additional support will be provided to managers and supervisors to enable them to deal more effectively with matters arising from this policy.
2.1 Who it applies to
This document applies to all employees, partners and directors of the practice. Other individuals performing functions in relation to the practice, such as agency workers, locums and contractors, are encouraged to use it.
2.2 Why and how it applies to them
Everyone should be aware of the practice privacy notice and be able to advise patients, their relatives and carers what information is collected, how that information may be used and with whom the practice will share that information.
The first principle of data protection is that personal data must be processed fairly and lawfully. Being transparent and providing accessible information to patients about how their personal data is used is a key element of the General Data Protection Regulation.
3. Definitions of Terms
3.1 Privacy notice
A statement that discloses some or all of the ways in which the practice gathers, uses, discloses and manages a patient’s data. It fulfils a legal requirement to protect a patient’s privacy.
3.2 Data Protection Act 2018 (DPA18)
The Data Protection Act (DPA18) will ensure continuity by putting in place the same data protection regime in UK law pre- and post-Brexit.
3.3 Information Commissioner’s Office (ICO)
The UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
3.4 General Data Protection Regulation (GDPR)
The GDPR replaces the Data Protection Directive 95/46/EC and was designed to harmonise data privacy laws across Europe, to protect and empower all EU citizens’ data privacy and to reshape the way in which organisations across the region approach data privacy. The GPDR comes into effect on 25 May 2018.
3.5 Data controller
The entity that determines the purposes, conditions and means of the processing of personal data.
3.6 Data subject
A natural person whose personal data is processed by a controller or processor.
4. Compliance with Regulations
In accordance with the GDPR, this practice will ensure that information provided to subjects about how their data is processed will be:
- Concise, transparent, intelligible and easily accessible;
- Written in clear and plain language, particularly if addressed to a child; and
- Free of charge
4.2 Article 5 compliance
In accordance with Article 5 of the GDPR, this practice will ensure that any personal data is:
- Processed lawfully, fairly and in a transparent manner in relation to the data subject
- Collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes
- Adequate, relevant and limited to what is necessary in relation to the purposes for which it is processed
- Accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that is inaccurate, having regard to the purposes for which it is processed, is erased or rectified without delay
- Kept in a form that permits identification of data subjects for no longer than is necessary for the purposes for which the personal data is processed
- Processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
4.3 Communicating privacy information
At St Clements Surgery, the practice privacy notice is displayed on our website, through signage in the waiting room, and in writing during patient registration. We will:
- Inform patients how their data will be used and for what purpose
- Allow patients to opt out of sharing their data, should they so wish
4.4 What data will be collected?
At St Clements Surgery, the following data will be collected:
- Patient details (name, date of birth, NHS number)
- Address and NOK information
- Medical notes (paper and electronic)
- Details of treatment and care, including medications
- Results of tests (pathology, X-ray, etc.)
- Any other pertinent information
4.5 National data opt-out programme
The national data opt-out programme will give patients the opportunity to make an informed choice about whether or not they wish for their confidential patient information to be used just for their individual care and treatment or if they wish for it to also be used for research and planning purposes. This programme has been live with effect since 25th May 2018.
Patients who wish to opt out of data collection will be able to set their national data opt out choice online. An alternative provision will be made for those patients who are unable to do so or who do not want to use the online system.
Individuals who have opted out using the existing type 2 opt out will be automatically transferred to the new national data opt out system and will be notified on an individual basis of the change.
The following resources are available for staff at St Clements Surgery:
- Pack A – The NDG Review and Government Response
- Pack B – Taking the National Data Opt-out Forward
- Pack C – National Data Opt-out Approach
- Pack D – National Data Opt-out Operational Policy
- Pack E – Preparing for Implementation
- Pack F – Not published yet
- Pack G – Fit with Data Protection Bill (GDPR)
Should any queries arise regarding the national data opt out programme, our staff will email the query to the national data opt out enquires email: [email protected]
To ensure that St Clements Surgery is ready for the introduction of the national data opt out programme, they will use the readiness checklist.
4.6 Privacy notice checklists
The ICO has provided a privacy notice checklist which can be used to support the writing of the practice privacy notice. The checklist can be found by following this link.
4.7 Privacy notice template
A privacy notice template can be found at Annex A.
It is the responsibility of all staff at St Clements Surgery to ensure that patients understand what information is held about them and how this information may be used. Furthermore, the practice must adhere to the DPA18 and the GDPR, to ensure compliance with extant legal rules and legislative acts.
4.9 Annex A – Practice privacy notice
St Clements Surgery has a legal duty to explain how we use any personal information we collect about you, as a registered patient, at the practice. Staff at this practice maintain records about your health and the treatment you receive in electronic and paper format.
What information do we collect about you?
We will collect information such as personal details, including name, address, next of kin, records of appointments, visits, telephone calls, your health records, treatment and medications, test results, X-rays, etc. and any other relevant information to enable us to deliver effective medical care.
How we will use your information
Your data is collected for the purpose of providing direct patient care; however, we can disclose this information if it is required by law, if you give consent or if it is justified in the public interest. The practice may be requested to support research; however, we will always gain your consent before sharing your information with medical research databases such as the Clinical Practice Research Datalink and QResearch or others when the law allows.
In order to comply with its legal obligations, this practice may send data to NHS Digital when directed by the Secretary of State for Health under the Health and Social Care Act 2012. Additionally, this practice contributes to national clinical audits and will send the data that is required by NHS Digital when the law allows. This may include demographic data, such as date of birth, and information about your health which is recorded in coded form; for example, the clinical code for diabetes or high blood pressure.
Processing your information in this way and obtaining your consent ensures that we comply with Articles 6(1)(c), 6(1)(e) and 9(2)(h) of the GDPR.
Maintaining confidentiality and accessing your records
We are committed to maintaining confidentiality and protecting the information we hold about you. We adhere to the General Data Protection Regulation (GDPR), the NHS Codes of Confidentiality and Security, as well as guidance issued by the Information Commissioner’s Office (ICO). You have a right to access the information we hold about you, and if you would like to access this information, you will need to complete a Subject Access Request (SAR). Please ask at reception for a SAR form and you will be given further information. Furthermore, should you identify any inaccuracies, you have a right to have the inaccurate data corrected.
Risk stratification is a mechanism used to identify and subsequently manage those patients deemed as being at high risk of requiring urgent or emergency care. Usually this includes patients with longterm conditions, e.g. cancer. Your information is collected by a number of sources, including St Clements Surgery; this information is processed electronically and given a risk score which is relayed to your GP who can then decide on any necessary actions to ensure that you receive the most appropriate care.
Your information may be shared if you have received treatment to determine which Clinical Commissioning Group (CCG) is responsible for paying for your treatment. This information may include your name, address and treatment date. All of this information is held securely and confidentially; it will not be used for any other purpose or shared with any third parties.
You have a right to object to your information being shared. Should you wish to opt out of data collection, please contact a member of staff who will be able to explain how you can opt out and prevent the sharing of your information; this is done by registering to opt out online (national data optout programme) or if you are unable to do so or do not wish to do so online, by speaking to a member of staff.
In accordance with the NHS Codes of Practice for Records Management, your healthcare records will be retained for 10 years after death, or if a patient emigrates, for 10 years after the date of emigration.
What to do if you have any questions
- Contact the practice’s data controller via email. GP practices are data controllers for the data they hold about their patients.
- Write to the data controlled at St Clements Surgery, 39 Temple Street, Oxford, OX4 1JS.
- Ask to speak to the practice manager.
In the unlikely event that you are unhappy with any element of our data-processing methods, you have the right to lodge a complaint with the ICO. For further details, visit ico.org.uk and select ‘Raising a concern’.