Privacy Notice and your data

NATIONAL DATA OPT OUT

Please use the below link to set your preferences in relation to the national data op out.  An opt-out is set by the patient themselves and cannot be set by the practice; this can be done online www.nhs.uk/your-nhs-data-matters or via the telephone or print-and-post service

MRHC-Complying-with-national-data-opt-out-guidance

PRIVACY NOTICE

Privacy-Notice-update-for-COVID19

Being transparent and providing accessible information to patients about how we will use your personal information is a key element of the Data Protection Act 2018 and the EU General Data Protection Regulations (GDPR).

This privacy notice explains why Marsden Road Health Centre collects information about you, how we keep it safe and confidential and how that information may be used.

This notice reflects how we use information for:

  • The management of patient records;
  • Communication concerning your clinical, social and supported care;
  • Ensuring the quality of your care and the best clinical outcomes are achieved through clinical audit and retrospective review;
  • Participation in health and social care research; and
  • The management and clinical planning of services to ensure that appropriate care is in place for our patients today and in the future.

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 within any NHS organisation. The NHS Act 2006 and the Health and Social Care Act 2012 invests statutory functions on GP Practices to promote and provide the health service in England, improve quality of services, reduce inequalities, conduct research, review performance of services and deliver education and training.

We collect and hold data for the sole purpose of providing healthcare services to our patients. Your information may be kept in in written form and/or digital format. The records may include basic details about you, such as your name and address. They may also contain more sensitive information about your health and information such as outcomes of needs assessments.

Your information is processed in accordance with current data protection legislation to:

  • Protect your vital interests;
  • Pursue our legitimate interests as a provider of medical care, particularly where the individual is a child or a vulnerable adult;
  • Perform tasks in the public’s interest;
  • Deliver preventative medicine, medical diagnosis, medical research; and
  • Manage the health and social care system and services.

Details we collect about you

The professionals who provide you with care maintain records about your health and any treatment or care you have received previously or elsewhere (e.g. NHS Hospital Trust, other GP Surgery, Out of Hours GP Centre, A&E, Walk-in clinic, etc.).  These records help to provide you with the best possible healthcare.

  • Records which we may hold about you may include the following:
  • Details about you, such as your address and next of kin, emergency contacts, carers, and those you authorise to collect prescriptions (and other such items) on your behalf
  • Your home telephone number, mobile phone number, email address
  • Any contact the surgery has had with you, such as appointments, clinic visits, immunisations, emergency appointments, etc.
  • Notes and reports about your health, 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, or information provided to the surgery by you (including that provided via our surgery website)

How we keep your information confidential and safe

All your GP NHS health records that are kept electronically. Our GP records database is hosted by EMIS Health Ltd, who is acting as a data processor, and all information is stored on their secure servers in Leeds and within the cloud environment hosted by Amazon Wed Services (AWS), is protected by appropriate security, and access is restricted to authorised personnel.

You may be offered a remote consultation as an alternative to attending the practice in person. If you agree to a remote consultation the GP or healthcare professional may need to receive and store images taken by patients for clinical purposes; this could include images for the purpose of intimate clinical assessment. This will only be done in the interests of the patient where it is necessary for providing health care and with patient consent. The approach to video consulting, image sharing, and storage is the same as it would be for face to face interactions. If we need to store images on your GP record this will be only for as long as necessary. It is a patient’s choice to share an image either of a patient’s own accord or on request of the health professional treating you.  Refusal to share an image does not prevent access to care and treatment or result in patients receiving an inferior standard of care. Further details about how remote consultation works can be obtained by contacting the practice.  The service we use for submission of images is via NHSMail or AccuRx Chain SMS, both store on secure service within the UK and are protected by appropriate security protocols, and access is restricted to authorised personnel.

We also make sure that data processors that support us are legally and contractually bound to operate and prove security arrangements are in place where data that could or does identify a person are processed. We only email you, or use your mobile number to text you, regarding matters of medical care, such as appointment reminders and (if appropriate) test results. Unless you have separately given us your explicit consent, we will not email you for non-medical matters (such as surgery newsletters and other information).  We maintain our duty of confidentiality to you always. 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 (i.e. life or death situations), or where the law requires information to be passed on.

Your information will be held in accordance with the Records Management Code of Practice for Health and Social Care 2016.

How we use information about you

Confidential patient data will be shared within the healthcare team at the practice, including nursing staff, admin staff, secretaries and receptionists, and with other healthcare professionals to whom a patient is referred. Those individuals have a professional and contractual duty of confidentiality.

Marsden Road Health Centre uses data processors to perform certain administrative tasks for us, particularly where these involve large numbers of patients.

Consent and objections

Consent means offering people genuine choice and control over how their data is used. When consent is used properly, it helps you build trust and enhance your reputation. However consent is only one potential lawful basis for processing information. Therefore your GP practice may not need to seek your explicit consent for every instance of processing and sharing your information, on the condition that the processing is carried out in accordance with this notice.

The surgery will contact you if they are required to share your information for any other purpose which is not mentioned within this notice. Your consent will be documented within your electronic patient record.

You have the right to write to withdraw your consent to any time for any particular instance of processing, provided consent is the legal basis for the processing. Please contact the surgery for further information and to raise your objection.

Referrals for specific health care purposes

We sometimes provide your information to other organisations for them to provide you with medical services. We will always inform you of such a referral and you always have the right not to be referred in this way.

These include (but are not limited to):

  • Referrals for home oxygen services (“HOOF”)
  • Referrals for Diabetes dietary advice (“DESMOND”)
  • Referrals for Diabetes Eye Screening Programme (DESP)
  • Referrals for Prediabetes advice (“Healthier You”)

Data Sharing

A number of data sharing schemes are active locally, enabling healthcare professionals outside of the surgery to view information from your GP record, with your explicit consent, should that need arise.

These schemes are as follows:

  • The National Summary Care Record (SCR)
  • The Great North Care Record (HIE)
  • EMIS Web data streaming (SCAS NHS 111, Community Health Record, South Tyneside Extended Primary Care Service, MSK Service, GP2Pharmacy)
  • Adastra Web Access (GP out of hours/Ambulance Service)

Details of these schemes, and of your right to opt-out of any or all of them, can be found on our web site.

  • ACR project for patients with diabetes

This practice is working with a company called Healthy.io to provide a pilot programme sponsored by NHS Digital to monitor urine albumin:creatinine ratio (ACR) annually for patients with diabetes. This enables patients with diabetes to test their kidney function from home. With your permission, we will share your contact details with Healthy.io to enable them to contact you and send you a test kit.  This will help identify those at risk of kidney disease and proactively manage early interventions for the benefit of patient care.  If you do not wish to be contacted by Healthy.io, you will have the opportunity to say so by replying to the text message sent from our practice.

Mandatory disclosures of information

We are sometimes legally obliged to disclose information about patients to relevant authorities. In these circumstances the minimum identifiable information that is essential to serve that legal purpose will be disclosed. That organisation will also have a professional and contractual duty of confidentiality. Data will be anonymised if at all possible before disclosure if this would serve the purpose for which the data is required.

Organisations that we are sometimes obliged to release information to include:

  • NHS Digital (e.g. the National Diabetes Audit)
  • CQC
  • DVLA
  • GMC
  • HMRC
  • NHS Counter Fraud
  • Police
  • The Courts
  • Public Health England
  • Local Authorities (Social Services)
  • The Health Service Ombudsman

In the event of actual or possible legal proceedings, we may need to disclose information from an individual’s GP record to a medical defence organisation.

Permissive disclosures of information

Only with your explicit consent, Marsden Road Health Centre can release information about you, from your GP record, to relevant organisations.

These may include:

  • Your employer
  • Insurance companies
  • Solicitors
  • Local Authorities
  • Police

Accessing your information on other databases

Marsden Road Health Centre can access certain medical information about you, when relevant or necessary, that is held on other databases (i.e. under the control of another data controller). This includes the NHS Digital’s Open Exeter database. Accessing such information would only be for your direct medical care.

Invoice Validation

If you have received treatment within the NHS, the local Commissioning Support Unit (CSU) may require access to your personal information to determine which Clinical Commissioning Group is responsible for payment for the treatment or procedures you have received. Information such as your name, address, date of treatment and associated treatment code may be passed onto the CSU to enable them to process the bill. These details are held in a secure environment and kept confidential. This information is only used to validate invoices in accordance with the current Section 251 Agreement, and will not be shared for any further commissioning purposes.

Health Risk Screening / Risk Stratification

Health Risk Screening or Risk Stratification is a process that helps your GP to determine whether you are at risk of an unplanned admission or deterioration in health. By using selected information such as age, gender, NHS number, diagnosis, existing long term condition(s), medication history, patterns of hospital attendances, admissions and periods of access to community care your GP will be able to judge if you are likely to need more support and care from time to time, or if the right services are in place to support the local population’s needs.

To summarise Risk Stratification is used in the NHS to:

  • Help decide if a patient is at a greater risk of suffering from a particular condition;
  • Prevent an emergency admission;
  • Identify if a patient needs medical help to prevent a health condition from getting worse; and/or
  • Review and amend provision of current health and social care services.

Your GP will use computer based algorithms or calculations to identify their registered patients who are at most risk, with support from the local Commissioning Support Unit (CSU) and/or a third party accredited Risk Stratification provider. The risk stratification contracts are arranged by your local Clinical Commissioning Group (CCG) in accordance with the current Section 251 Agreement. Neither the CSU nor your local CCG will at any time have access to your personal or confidential data. They will only act on behalf of your GP to organise the risk stratification service with appropriate contractual technical and security measures in place.

Your GP will routinely conduct the risk stratification process outside of your GP appointment. This process is conducted electronically and without human intervention. The resulting report is then reviewed by a multidisciplinary team of staff within the Practice. This may result in contact being made with you if alterations to the provision of your care are identified.

A Section 251 Agreement is where the Secretary of State for Health and Social Care has granted permission for personal data to be used for the purposes of risk stratification, in acknowledgement that it would overburden the NHS to conduct manual reviews of all patient registers held by individual providers.

As mentioned above, you have the right to object to your information being used in this way. However you should be aware that your objection may have a negative impact on the timely and proactive provision of your direct care. Please contact the Practice to discuss how disclosure of your personal data can be limited.

Training

Marsden Road Health Centre is a training GP practice and hosts training programmes for the following types of medical trainees:

GP Registrars (GPR)

GP Registrars are qualified doctors who are training to become a General Practitioner. As part of their three year training they will spend six months with the practice and take part in surgeries and home visits.

Patients may be offered an appointment within a surgery where the GPR is observing / taking part in a joint consultation with a partner / running the consultation themselves. Patients are advised about this before their appointment.

Occasionally, the GPR may need to record their consultations for training and assessment purposes only. The recording will only be seen by the GPR, their educational supervisor at the surgery and their examiner at the Royal College of General Practitioners (RCGP), once it has been viewed, it will be erased. Your permission is needed in order for the Doctor to video your consultation. You will have to sign to say you agree to the recording, but if you do not wish to be videoed, the camera will be turned off.  You have the right to stop the recording at any point during the consultation or any time following.  Recordings are kept for a maximum of 26 weeks and are then permanently deleted.

Medical Students

Students observe the consultation with the GP and perform basic examinations. The surgery will always seek consent from the patient before booking an appointment within a student clinic.

On occasion medical students in the later years of their training may undertake gathering of a basic medical history and perform standard recordings as part of your consultation.  All student consultations are reviewed by a GP.

If you book into a student clinic but decide on the day of your appointment you would like them to step out of the consultation, please advise us of this when you arrive for your appointment.

Research

Marsden Road Health Centre sometimes undertakes accredited research projects. Where this involves accessing or disclosing identifiable patient information, we will only do so with the explicit consent of the individual and Research Ethics Committee approval, or where we have been provided with special authority to do so without consent (s251 HRA/CAG approval, e.g. for the National Cancer Diagnosis Audit).

Your Data Rights

Your right to object to sharing of your information

You have the right to object to (or opt-out of) ways by which your information is shared, both for direct medical care purposes (such as the national NHS data sharing schemes), i.e. primary uses of your information, or for purposes other than your direct medical care – so-called secondary uses. You cannot object to some of the ways by which your information is disclosed. Details of these purposes, and how you can object, can be found on our website.

Your right to rectification

You have the right to have any factual inaccuracies about you in your GP record corrected.

Accessing your own medical information

You have the right to access your own GP record. Details of how to do this can be found on our web.

You can also sign up to have secure online access to your electronic GP record. Again, details of how to do this can be found on our website.

Your right to be informed

Marsden Road Health Centre provide fair processing information about all data processing activities concerning your medical records, by means of posters, and detailed privacy notices.

Lawful bases for processing and the EU GDPR

Detailed information (individual privacy notices) about all our data processing activities, including lawful bases, is available upon request from the surgery

Notification

The Data Protection Act 1998 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 here.

Complaints

If you have concerns or are unhappy about any of our services, you should raise your concerns in the first instance in writing to the Practice Manager. Details of how to complain are on our website, or available in surgery.

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: 08456 30 60 60                  Website: www.ico.gov.uk

Further Information

If you would like any further information about primary or secondary uses of your GP record, opting out, the NHS Databases, access to your medical record, confidentiality, GDPR, or about any other aspect of NHS data sharing or your medical records, then please contact the surgery’s Caldicott Guardian / Information Governance lead / Data Protection Officer.

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