General Data Protection Regulation
Changes to Data Protection legislation coming soon. General Data Protection Regulation ( GDPR) will apply from 25th of May 2018. Gladstone House Surgery is preparing to implement the necessary operational changes to demonstrate that we will comply with the new law.We want you to feel assured about the privacy and security of any personal data or information that you provide to us.
We hold medical records confidentially and share them with appropriate staff who are involved in providing direct care for individual patients.
I ( Dr S K Ray ) on behalf of Gladstone House Surgery promise that we will :
- value the personal information entrusted to us and make sure we respect that trust ;
- go further than just the letter of the law when it comes to handling
personal information, and adopt good practice standards;
- consider and address the privacy risks first when we are planning to use or hold personal information in new ways , such as when including new systems;
- be open with individuals about how we use their information and who we give it to ;
- make it easy for individuals to access and correct their personal
- keep personal information to the minimum necessary and delete it when we no longer need it;
- have effective safeguards in place to make sure personal information is kept securely and does not fall into the wrong hands;
- provide training to staff who handle personal information and treat it as a disciplinary matter if they misuse or don’t look after personal information properly;
- put appropriate financial and human resources into looking after personal information and to make sure we can live up to our promises; and
- regularly check that we are living up to our promises and report on how we are doing.
Signed : DR S K Ray
How Gladstone House Surgery uses your information to provide you with healthcare
This practice keeps medical records confidential and complies with the General Data Protection Regulation.
We hold your medical record so that we can provide you with safe care and treatment.
We will also use your information so that this practice can check and review the quality of the care we provide. This helps us to improve our services to you.
- We will share relevant information from your medical record with other health or social care staff or organisations when they provide you with care. For example, your GP will share information when they refer you to a specialist in a hospital. Or your GP will send details about your prescription to your chosen pharmacy.
- For more information on how we share your information with organisations who are directly involved in your care can be found here. This is the link for the Great North Care Record website: https://www.greatnorthcarerecord.org.uk/ Or alternatively speak to your practice.
- Healthcare staff working in A&E and out of hours care will also have access to your information. For example, it is important that staff who are treating you in an emergency know if you have any allergic reactions. This will involve the use of your Summary Care Record and Great North Care Record. For more information see: https://digital.nhs.uk/summary-care-recordsor alternatively speak to your practice.
- You have the right to object to information being shared for your own care. Please speak to the practice if you wish to object. You also have the right to have any mistakes or errors corrected.
Other important information about how your information is used to provide you with healthcare
Registering for NHS care
- All patients who receive NHS care are registered on a National database.
- This database holds your name, address, date of birth and NHS Number but it does not hold information about the care you receive.
- The database is held by NHS Digital : https://www.digital.nhs.uka national organisation which has legal responsibilities to collect NHS data.
More information can be found at https://www.digtal.nhs.uk or the phone number for general enquiries at NHS Digital is : 0300 303 5678
Identifying patients who might be at risk of certain diseases
- Your medical records will be searched by a computer programme so that we can identify patients who might be at high risk from certain diseases such as heart disease or unplanned admissions to hospital.
- This means we can offer patients additional care or support as early as possible.
- This process will involve linking information from your GP record with information from other health or social care services you have used.
- Information which identifies you will only be seen by this practice.
More information can be found at: https://www.england.nhs.uk/ig/risk-stratification/ or speak to the practice.
- Sometimes we need to share information so that other people, including healthcare staff, children or others with safeguarding needs, are protected from risk of harm.
- These circumstances are rare.
We do not need your consent or agreement to do this.
Please see our local policies for more information: https://teescpp.org.uk for
(Safeguarding Children) https://www.tsab.org.uk for ( Safeguarding Adults)
Gladstone House Surgery shares information from medical records:
- to support medical research when the law allows us to do so, for example to learn more about why people get ill and what treatments might work best;
- we will also use your medical records to carry out research within the practice.
This is important because:
- the use of information from GP medical records is very useful in developing new treatments and medicines;
- medical researchers use information from medical records to help answer important questions about illnesses and disease so that improvements can be made to the care and treatment patients receive.
- We share information with the following medical research organisations with your explicit consent or when the law allows: Clinical Practice Research Datalink : https://www.cprd.com/home/
You have the right to object to your identifiable information being used or shared for medical research purposes. Please speak to the practice if you wish to object.
Checking the quality of care – national clinical audits
Gladstone House Surgery contributes to national clinical audits so that healthcare can be checked and reviewed.
- Information from medical records can help doctors and other healthcare workers measure and check the quality of care which is provided to you.
- The results of the checks or audits can show where hospitals are doing well and where they need to improve.
- The results of the checks or audits are used to recommend improvements to patient care.
- Data are sent to NHS Digital a national body with legal responsibilities to collect data.
- The data will include information about you, such as your NHS Number and date of birth and information about your health which is recorded in coded form – for example the code for diabetes or high blood pressure.
- We will only share your information for national clinical audits or checking purposes when the law allows.
- For more information about national clinical audits see the Healthcare Quality Improvements Partnership website: https://www.hqip.org.uk/or phone: 020 7997 7370.
- You have the right to object to your identifiable information being shared for national clinical audits. Please contact the practice if you wish to object.
How your information is shared so that this practice can meet legal requirements
The law requires Gladstone House Surgery to share information from your medical records in certain circumstances. Information is shared so that the NHS or Public Health England can, for example:
- plan and manage services;
- check that the care being provided is safe;
- prevent infectious diseases from spreading.
We will share information with NHS Digital, the Care Quality Commission and local health protection team (or Public Health England) when the law requires us to do so. Please see below for more information. We must also share your information if a court of law orders us to do so.
- NHS Digital is a national body which has legal responsibilities to collect information about health and social care services.
- It collects information from across the NHS in England and provides reports on how the NHS is performing. These reports help to plan and improve services to patients.
- This practice must comply with the law and will send data to NHS Digital, for example, when it is told to do so by the Secretary of State for Health or NHS England under the Health and Social Care Act 2012.
- More information about NHS Digital and how it uses information can be found at: https://digital.nhs.uk/home
- NHS Digital sometimes shares names and addresses of patients suspected of committing immigration offences with the Home Office. More information on this can be found here: https://www.gov.uk/government/publications/information-requests-from-the-home-office-to-nhs-digital
Care Quality Commission (CQC)
- The CQC regulates health and social care services to ensure that safe care is provided.
- The law says that we must report certain serious events to the CQC, for example, when patient safety has been put at risk.
- For more information about the CQC see: http://www.cqc.org.uk/
- The law requires us to share data for public health reasons, for example to prevent the spread of infectious diseases or other diseases which threaten the health of the population.
- We will report the relevant information to local health protection team or Public Health England.
For more information about Public Health England and disease reporting see: https://www.gov.uk/guidance/notifiable-diseases-and-causative-organisms-how-to-report
National Screening Programmes
- The NHS provides national screening programmes so that certain diseases can be detected at an early stage.
- These screening programmes include bowel cancer, breast cancer, cervical cancer, aortic aneurysms and a diabetic eye 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-screening-programmes or speak to the practice.
We are required by law to provide you with the following information about how we handle your information:
Data Controller contact details
DR S K Ray ( Lead GP)
Gladstone House surgery
Victoria Road medical Centre
Data Protection Officer contact details
Senior Governance Manager & Data Protection Officer
North of England Commissioning Support
Purpose of the processing
To give direct health or social care to individual patients.
For example, when a patient agrees to a referral for direct care, such as to a hospital, relevant information about the patient will be shared with the other healthcare staff to enable them to give appropriate advice, investigations, treatments and/or care.
To check and review the quality of care. (This is called audit and clinical governance).
Medical research and to check the quality of care which is given to patients (this is called national clinical audit).
Compliance with legal obligations or court order.
The NHS provides several national health screening programmes to detect diseases or conditions early such as cervical and breast cancer, aortic aneurysm and diabetes.
The information is shared so that the correct people are invited for screening. This means those who are most at risk can be offered treatment.
Lawful basis for processing
The following sections of the GDPR mean that we can share information, use medical records for research and to check quality of care, which are covered under the following GDPR regulations.
Healthcare staff will also respect and comply with their obligations under the common law duty of confidence.
Article 6(1)(c) – ‘processing is necessary for compliance with a legal obligation to which the controller is subject…’
Article 6(1)(e) ‘…processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
Article 9(2)(a) – ‘the data subject has given explicit 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…”
Article 9(2)(j) – ‘processing is necessary for… scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on Union or Member States law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject’.
Recipient or categories of recipients of the processed data
The data will be shared with:
· healthcare professionals and staff in this Practice;
· local hospitals;
· out of hours services;
· diagnostic and treatment centres;
· or other organisations involved in the provision of direct care to individual patients.
For medical research the data will be shared with the relevant research organisation.
For national clinical audits which check the quality of care the data will be shared with NHS Digital.
· The data will be shared with NHS Digital.
· The data will be shared with the Care Quality Commission.
· The data will be shared with our local health protection team or Public Health England.
The data will be shared with the court if ordered.
The data will be shared with relevant local service providers
Rights to object
You have the right to object to information being shared between those who are providing you with direct care.
This may affect the care you receive – please speak to the Practice.
You are not able to object to your name, address and other demographic information being sent to NHS Digital.
This is necessary if you wish to be registered to receive NHS care.
You are not able to object when information is legitimately shared for safeguarding reasons.
In appropriate circumstances it is a legal and professional requirement to share information for safeguarding reasons. This is to protect people from harm.
The information will be shared with the local safeguarding service – Tees Local Safeguarding Children Boards
Legally information must be shared under public health legislation. This means that you are unable to object.
Care Quality Commission
Legally information must be shared when the Care Quality Commission needs it for their regulatory functions. This means that you are unable to object.
Your information must be shared if it ordered by a court. This means that you are unable to object.
Rights to national data opt-out
There are very limited rights to object when the law requires information to be shared but government policy allows some rights of objection as set out below.
You have the right to object to information being shared with NHS Digital for reasons other than your own direct care.
This is called a ‘Type 1’ objection – you can ask your practice to apply this code to your record.
Please note: The ‘Type 1’ objection, however, will no longer be available after 2020.
This means you will not be able to object to your data being shared with NHS Digital when it is legally required under the Health and Social Care Act 2012.
You have a right to “opt out” under the national data opt-out model under GDPR. The national data opt-out model provides an easy way for you to opt-out of information that identifies you being used or shared for medical research purposes and quality checking or audit purposes.
Please contact the practice if you wish to opt-out.
National Screening Programmes
You can opt out so that you no longer receive an invitation to a screening programme.
Right to access and correct
You have the right to access your medical record and have any errors or mistakes corrected. Please speak to a member of staff or look at our ‘subject access request’ policy on the practice website.
We are not aware of any circumstances in which you will have the right to delete correct information from your medical record; although you are free to obtain your own legal advice if you believe there is no lawful purpose for which we hold the information and contact us if you hold a different view.
GP medical records will be kept in line with the law and national guidance.
Information on how long records can be kept can be found at: https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016
or speak to the Practice.
Right to complain
You have the right to complain to the Information Commissioner’s Office. If you wish to complain follow this link https://ico.org.uk/global/contact-us/ or call the helpline 0303 123 1113
Data we get from other organisations
We receive information about your health from other organisations who are involved in providing you with health and social care. For example, if you go to hospital for treatment or an operation the hospital will send us a letter to let us know what happens. This means your GP medical record is kept up-to date when you receive care from other parts of the health service.