Fair Processing Notice (Privacy Notice)
How we use your personal information
This fair processing notice explains why the GP practice collects information about you and how that information may be used.
The health care professionals who provide you with care maintain records about your health and any treatment or care you have received previously (e.g. NHS Trust, GP Surgery, Walkin clinic, etc.). These records help us to provide you with the best possible healthcare.
NHS health records may be electronic, on paper or a mixture of both, and we use a combination of working practices and technology to ensure that your information is kept confidential and secure. Records which this GP Practice holds about you may include the following information;
- Details about you, such as your address, legal representative, emergency contact details
- Any contact the surgery has had with you, such as appointments, clinic visits, emergency appointments, etc.
- Notes and reports about your health
- Details about your 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
To ensure you receive the best possible care, your records are used to facilitate the care we provide for you. Information held about you may be used to help protect the health of the public and to help us manage the NHS.
Information may be used within the GP practice for clinical audit to monitor the quality of the service provided.
Some of this information will be held centrally and used for statistical purposes. Where we do this, we take strict measures to ensure that individual patients cannot be identified.
Sometimes your information may be requested to be used for research to help improve the care of patients in the future – the surgery will always gain your consent before releasing confidential medical information for this purpose.
Please find at the bottom of this page further details regarding the Summary Care Record (SCR), the ‘Care and Health Information Exchange’ (CHIE), ‘Care and Health Information Analytics’ (CHIA), and the Clinical Practice Research Datalink (CPRD).
Risk stratification data tools are increasingly being used in the NHS to help determine a person’s risk of suffering a particular condition, preventing an unplanned or (re)admission and identifying a need for preventive intervention.
Information about you is collected from a number of sources including NHS Trusts and from this GP Practice. A risk score is then arrived at through an analysis of your de-identified information and is only provided back to your GP as data controller in an identifiable form.
Risk stratification enables your GP to focus on preventing ill health and not just the treatment of sickness. If necessary your GP may be able to offer you additional services.
Please note that you have the right to opt out.
How do we maintain the confidentiality of your records?
We are committed to protecting your privacy and will only use information collected lawfully in accordance with:
- Data Protection Act 1998
- Human Rights Act 1998
- Common Law Duty of Confidentiality
- Health and Social Care Act 2012
- NHS Codes of Confidentiality and Information Security
- Information: To Share or Not to Share Review (For further information please download The Information Governance Review)
Every member of staff who works for an NHS organisation has a legal obligation to keep information about you confidential.
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 3rd party without your permission unless there are exceptional circumstances (i.e. life or death situations), where the law requires information to be passed on and/or in accordance with the new information sharing principle following Dame Fiona’s Caldicott information sharing review (Information to share or not to share) where “The duty to share information can be as important as the duty to protect patient confidentiality.”
This means that health and social care professionals should have the confidence to share information in the best interests of their patients within the framework set out by the Caldicott principles.
They should be supported by the policies of their employers, regulators and professional bodies.
Who are our partner organisations?
We may also have to share your information, subject to strict agreements on how it will be used, with the following organisations:
- NHS Trusts/Foundation Trusts
- Other GPs
- NHS Commissioning Support Units
- Independent Contractors such as dentists, opticians, pharmacists
- Private Sector Providers
- Voluntary Sector Providers
- Ambulance Trusts
- Clinical Commissioning Groups
- Social Care Services
- Health and Social Care Information Centre (HSCIC)
- Local Authorities
- Education Services
- Fire and Rescue Services
- Police & Judicial Services
- Voluntary Sector Providers
- Private Sector Providers
- The National Diabetes Audit
- Other ‘data processors’ which you will be informed of
You will be informed who your data will be shared with and in some cases asked for explicit consent for this happen when this is required.
We may also use external companies to process personal information, such as for archiving purposes. These companies are bound by contractual agreements to ensure information is kept confidential and secure.
Access to personal information
You have a right under the Data Protection Act 1998 to request access to view or to obtain copies of what information the surgery holds about you and to have it amended should it be inaccurate. In order to request this, you need to do the following:
- Your request must be made in writing to the Practice Manager – for information from the hospital you should write direct to them
- There will be a charge to have a printed copy of the information held about you
- We are required to respond to you within 40 days
- You will need to give adequate information (for example full name, address, date of birth, NHS number and details of your request) so that your identity can be verified and your records located
Objections / Complaints
Should you have any concerns about how your information is managed at your practice please contact the GP Practice Manager. If you are still unhappy following a review by the GP practice, you can then complain to the Information Commissioners Office (ICO) via their website: www.ico.org.uk
If you are happy for your data to be extracted and used for the purposes described in this fair processing notice then you do not need to do anything.
If you do not want your personal data being extracted and leaving the GP practice for any of the purposes described, you need to let us know as soon as possible.
We will then enter clinical codes into your records that will prevent your data leaving the practice and/or leaving the central information system at the Health and Social Care Information Centre (HSCIC) for use by secondary providers.
Change of Details
It is important that you tell the person treating you if any of your details such as your name or address have changed or if any of your details such as date of birth is incorrect in order for this to be amended. You have a responsibility to inform us of any changes so our records are kept accurate and up to date for you.
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.
This information is publicly available on the Information Commissioners Office website: www.ico.org.uk.
The practice is registered with the Information Commissioners Office (ICO).
Who is the Data Controller?
The Data Controller, responsible for keeping your information secure and confidential is:
Hayling Island Health Centre
Summary Care Record (SCR) – patient identifiable data
The SCR is an electronic record of important patient information, created from GP medical records. It can be seen and used by authorised staff in other areas of the health and care system involved in the patient’s direct care within England.
Why do I need a Summary Care Record?
Storing information in one place makes it easier for healthcare staff to treat you in an emergency in other parts of England, or when your GP practice is closed.
This information could make a difference to how a doctor decides to care for you, for example which medicines they choose to prescribe for you.
Who can see it?
Only healthcare staff involved in your care can see your Summary Care Record.
Do I have to have one?
No, it is not compulsory. If you choose to opt out of the scheme, then you will need to complete the opt-out form.
For further information visit the Your health and care records.
CHIE, CHIA and the GDPR
What are CHIE and CHIA?
CHIE and CHIA are short for ‘Care and Health Information Exchange’ and ‘Care and Health Information Analytics’ respectively. These are services supplied by South, Central and West Commissioning Support Unit (SCW) using health and care data to support treatment and care of patients, as well as for planning and research purposes.
CHIE is a clinical and care service used by doctors, nurses, pharmacists, social workers and other professionals involved in delivering NHS or local authority commissioned services. This is designed to support direct care to patients.
CHIA is a database used for analysing trends in population health in order to identify better ways of treating patients. This is called ‘Secondary Processing’.
CHIA is a physically separate database, which receives some data from CHIE. The data on CHIA is ‘pseudonymised’, which means that all patient identifiers on CHIA are removed. It is not possible to identify any patient by looking at the ‘pseudonymised’ data on the CHIA database, but even so, only a small number of SCW staff have access to CHIA and these people do not have access to CHIE.
SCW acts as a Data Processor and is responsible for processing personal data on behalf of the Data Controllers (GP Surgeries and other organisations supplying data). SCW has Data Sharing Agreements with all these Data Controllers.
What is the GDPR and does it affect CHIE and CHIA?
GDPR stands for General Data Protection Regulation, which is the new legal framework governing the use of personal data across all EU markets. It replaces the current Data Protection Act and comes into force from 25 May 2018. It will affect CHIE and CHIA as well as every other information system in the UK. It covers how data is ‘Processed’. ‘Processing’ in GDPR covers any activity including just looking at the data.
What is its main purpose?
To give individuals more rights and protection in how their personal data is processed and used by organisations in the light of technology changes that have happened in the last 20 years.
What is personal data?
Personal data is information relating to an ‘identified or identifiable natural person’. Some examples include name, DOB, address and NHS number. Even when these have all been removed so the data is no longer ‘personal’, Data Subjects still have some rights to say how it is used.
Are there different types of Personal Data?
Any data relating to a person is ‘Personal Data’ and there must be a ‘Lawful Basis’ for the processing to take place. The different types of ‘Lawful Bases’ are set out in Article 6 of GDPR.
Under GDPR some kinds of data are considered more sensitive than others. Health data is one of these ‘Special Categories’ of data. As well as having a ‘Lawful Basis’, to process this data you also need a ‘Special Category Condition’ for processing in compliance with Article 9.
CHIE and CHIA do process data and also do process ‘Special Category’ data, so they need both a ‘Lawful Basis’ and ‘Special Category Conditions’.
Do CHIE and CHIA both have ‘Lawful Bases’ and ‘Special Category Conditions’
Yes, CHIE and CHIA both have ‘Lawful Bases’ under Article 6 and ‘Special Category Conditions’ under Article 9.
What is the legal basis used by CHIE to process data?
The legal bases used by CHIE for processing data for patient care are:
- It is in the interest of the patient that the treatment they receive is safe. That safe treatment requires knowledge of the patient’s medical history.
- Sharing is required under a number of pieces of UK legislation.
and the ‘Special Category condition’ is: the provision of health or social care or treatment.
For the full analysis, you can use the website link below: hantshealthrecord.nhs.uk
What legal basis for processing data for analysis is used by CHIA?
Although the data in CHIA cannot be used to identify any individual patient, CHIA still needs a legal basis to operate. The legal basis used by CHIA for processing ‘pseudonymised’ data for analysis is that CCGs and Local Authorities have a duty in law to provide good health and social care. In order to do that they need data about the populations they serve.
The special category condition is that these bodies serve the public interest in the area of public health, ensuring high standards of quality and safety of healthcare.
For the full analysis, you can use the website link below: hantshealthrecord.nhs.uk
Is consent always needed to process personal data?
No. Consent is one lawful basis for processing, but there are five others and both CHIE and CHIA rely on one of the other ones.
We do encourage our users to ask patient consent where practical because that is good practice, but it is not a legal requirement.
How can I find out more about GDPR, CHIE and CHIA?
Contact the CHIE team at: firstname.lastname@example.org
For the full detailed analysis you can go to: hantshealthrecord.nhs.uk
Clinical Practice Research Datalink (CPRD) – anonymised data only
The Clinical Practice Research Datalink (CPRD) is a governmental, not-for-profit research service, jointly funded by the NHS National Institute for Health Research (NIHR) and the Medicines and Healthcare products Regulatory Agency (MHRA), a part of the Department of Health.
The CPRD has been providing anonymised primary care records for public health research since 1987.
Research using CPRD data has resulted in over 1,700 publications which have led to improvements in drug safety, best practice and clinical guidelines. Examples include confirming safety of MMR vaccine, informing NICE cancer guidance, safeguarding use of pertussis vaccine in pregnancy, influencing the management of hypertension in diabetics.
CPRD is now also using primary care data in clinical trials. Examples include the Decide study, a real world diabetes studies comparing a new therapy to standard of care, and randomised controlled trials on myocardial infarction and COPD patients.
For more information please visit the CPRD website: www.cprd.com/home