Privacy notices

Privacy Notice

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), 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 your permission when the practice is closed. 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
research into the development of new treatments
preventing illness and diseases
monitoring safety
planning services

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.

Most of the time, anonymised data is used for research and planning so that you cannot be identified in which case your confidential patient information isn’t needed.

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.

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 2016.

Individuals Rights under GDPR

Under GDPR 2016 the Law provides the following rights for individuals. The NHS uphold these rights in a number of ways.

The right to be informed
The right of access
The right to rectification
The right to erasure (not an absolute right) only applies in certain circumstances
The right to restrict processing
The right to data portability
The right to object
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 direct care, or in particular circumstances required by law, such as a public health 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 know to the practice manager.

National data opt-out

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.

By 2020 all health and care organisations are required to apply national data opt-outs where confidential patient information is used for research and planning purposes. NHS Digital has been applying national data opt-outs since 25 May 2018. Public Health England has been applying national data opt-outs since September 2018.

The national data opt-out replaces the previous ‘type 2’ opt-out, which required NHS Digital not to share a patient’s confidential patient information for purposes beyond their individual care. 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 have access to, or request a copy of, information we hold that can identify you, this includes your medical record, there are some safeguards regarding what you will have access and you may find information has been redacted or removed for the following reasons;

Does not cause harm to the patient
That legal confidentiality obligations for the non-disclosure of third-party information are adhered to

You do not need to give a reason to see your data. And requests can be made verbally or in writing. Although we may ask you to complete a form in order that we can ensure that you have the correct information you require.

Where multiple copies of the same information is requested the surgery may charge a reasonable fee for the extra copies.

You will need to provide proof of identity to receive this information.

If you would like to access your GP record online, please visit Data Protection (GDPR) | Medwyn Surgery.

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 especially if any of your other contacts details are incorrect. 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 may use this to send you text reminders about your appointments or other health screening information. Please let us know if you do not wish to receive text reminders on your mobile.

Email address

Where you have provided us with your email address, with your consent 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: medwyn.surgery@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 the Practice Manager.

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: www.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 Data Protection Legislation.

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 programs available to you, confidentiality, information and your right to complain if things go wrong.

www.gov.uk/government/publications/the-nhs-constitution-for-england

Appendix A – The Practice will share your information with these organisations where there is a legal basis to do so.

ActivityRationaleCCGPurpose – Anonymous data is used by the CCG for planning and performance as directed in the practices contract.

Legal Basis – Contractual

Processor – Surrey Downs

Summary Care RecordPurpose – During the Covid19 pandemic practices have been told to share details of patients personal confidential and special category data onto the summary care record. 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

The relevant COPI notice states that its purpose: “…is to require organisations to process confidential patient information for the purposes set out in Regulation 3(1) of COPI to support the Secretary of State’s response to Covid-19 (Covid-19 Purpose). “Processing” for these purposes is defined in Regulation 3(2) and includes dissemination of confidential patient information to persons and organisations permitted to process confidential patient information under Regulation 3(3) of COPI.”

Full details of the Summary Care Record supplementary privacy notice can be found at www.digital.nhs.uk – SCR coronavirus (COVID-19) supplementary privacy notice.

Patients have the right to opt out of having their information shared with the SCR by completion of the form which can be downloaded at www.digital.nhs.uk – SCR patient consent preference form 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 care that may be required in an emergency.

Processor – NHS England and NHS Digital via GP connect

ResearchPurpose – We many share personal confidential or anonymous information with research companies. Where you have opted out of having your identifiable information shared for this purpose your information will be removed.

Legal Basis – consent is required to share confidential patient information for research, unless there is have support under the Health Service (Control of Patient Information Regulations) 2002 (‘section 251 support’) applying via the Confidentiality Advisory Group in England and Wales

Processor – RCGP

Individual Funding RequestsPurpose – 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

Data processor – Nanette Nobes

Safeguarding AdultsPurpose – We will share personal confidential information with the safeguarding team where there is a need to assess and evaluate any safeguarding concerns.

Legal Basis – Because of public Interest issues, e.g. to protect the safety and welfare of vulnerable adults, we will rely on a statutory basis rather than consent to process information for this use.

Data Processor – NHS Surrey Heartlands

Safeguarding ChildrenPurpose – We will share children’s personal information where there is a need to assess and evaluate any safeguarding concerns.

Legal Basis – Because of public Interest issues, e.g. to protect the safety and welfare of Safeguarding we will rely on a statutory basis rather than consent to share information for this use.

Data Processor – NHS Surrey Heartlands

Risk Stratification – Preventative CarePurpose – ‘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 CCGs 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 2020 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 – NHS Surrey Heartlands

Public Health

Screening 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 insert relevant link] or speak to the practice

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

Data Processors –Mole Valley District Council

Direct Care

NHS Trusts

Other 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 the following Article 6 and 9 conditions as stated below:

Processors – Surrey Heartlands

Care Quality CommissionPurpose – 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 at: 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 – Care Quality Commission

Payments, Invoice validationPurpose – 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

Data Processors – NHS England, CCG, Public Health

Patient Record data basePurpose – Your medical record will be shared, in order that a data base can be maintained and managed in a secure way

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

Processor – TPP

Medical reports

Subject Access Requests

Purpose – Your medical record may be shared in order that solicitors instructed on your behalf or insurance companies seeking a medical report can have a copy to your medical history for a specific purpose.

Legal Basis – Your explicit consent will be required before a GP can share your record for this purpose.

Processor – iGPR,

Medicines Optimisation

OptimiseRX

Purpose – Your anonymous aggregated information will be shared in order to optimise medication. This will enable your GP to provide a more efficient medication regime for your personal care. Some of the anonymous information may be used nationally to drive wider understanding of the medication is used. No patients will be able to identified from the data shared.

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

Processor – FDB

Medicines Management TeamPurpose – your medical record is shared with the medicines management team, in order that your medication can be kept up to date and any changes can be implemented.

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

Processor – Surrey Heartlands

GP Federation

GP Extended Access

Video consultations

Out Patients

IAPT

Purpose – Your medical record will be shared with the Dorking Healthcare in order that they can provide direct care services to the patient population. This could be in the form of video consultations, GP extended access clinics

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

Processor – Dorking Healthcare

PCNPurpose – Your medical record will be shared with the Dorking 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

Processor – Medwyn Surgery, Broockwood, Dorking Medical Practice and Leith Hill Medical Practice

Smoking cessationPurpose – personal information is shared in order for the smoking cessation service to be provided.

Legal Basis – consented

Processor – One You Surrey

Social PrescribersPurpose – Access to medical records is provided to social prescribers to undertake a full service to patients dependent on their social care needs.

Legal Basis – Consented

Processor –Dorking PCN

Subject Access Requests RequestorsPurpose – Personal information will be shared with the person or their representative at their request

Legal Basis – Contractual agreement with the patient – and consented

Processor – Patients and or their representatives – e.g. family members, solicitors, insurance companies

Medical ReportsPurpose – Personal information will be shared with Insurance companies, or potential or active employers at the patients request

Legal Basis – Consented

Processor – Patients and or their representatives – e.g. Insurance companies, RAF, Navy

PolicePurpose – Medical reports may be requested by the police for criminals

Legal Basis – Consented or Article 10 GDPR

Processor – Police Constabulary

CoronersPurpose – Personal information may be shared with the coroner

Legal Basis – Legal Obligation

Processor – The Coroner

Private healthcare providersPurpose – Personal information shared with private health care providers in order to deliver direct care to patients at the patients request

Legal Basis – Consented and under contract between the patient and the provider

Provider – Private Hospitals

Texting Service

Purpose – Personal identifiable information shared with the texting service in order that text messages including appointment reminders, campaign messages related to specific patients health needs and direct messages to patients

Legal Basis – Consent from patients and direct care

Provider – AccuRX, Mjog,

Remote consultation

Including – Video Consultation

Clinical 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 during the COVID-19 pandemic.

Legal Basis – Direct Care and Consent

Patients will be asked to provide consent if required to provide photographs of certain areas of concern. There are restrictions on what the practice can accept photographs of. No photographs of the full face, no intimate areas, no pictures of patients who cannot consent to the process. No pictures of children.

Processor – AccuRX

MDT meetingsPurpose – Personal information will be discussed with other providers of care, in order to provide a secure video meeting platform to discuss patients needs during the COVID-19 pandemic.

Legal Basis – Direct Care

Processor – MS Teams

COVID-19

Research and Planning

Purpose – for the collection of Personal confidential data regarding the diagnosis, testing, self-isolating, fitness to work, treatment medical and social interventions and recovery from Covid-19. To enable research and planning during the Covid-19 pandemic.

Legal Basis – Notice under Regulation 3(4) of the Health Service (Control of Patient Information) Regulations 2002 (COPI), which were made under sections 60 (now section 251 of the NHS Act 2006) and 64 of the Health and Social Care Act 2001. Data will only be extracted for those patients who have consented to the process.

Provider – BioBank

General Practice Extraction Service (GPES)

At risk patients data collection Version 3

Purpose – The objective of this collection is on an ongoing basis to identify patients registered at General Practices who may be:

clinically extremely vulnerable if they contract COVID-19
at moderate or high risk of complications from flu or COVID-19

This General Practice Extraction Service (GPES) data will be extracted weekly and be used to assist in producing a weekly update of the Shielded Patient List (SPL).

The data, as specified by the DPN, supports the COVID-19 Public Health Directions 2020 from the Secretary of State for Health and Social Care. Organisations that are in scope of the notice are legally required to comply.

More information regarding this data collection can be found here:

COVID-19 at risk patients Data Provision Notices

Legal Basis – Sections 259(1)(a), 259(5) and 259(8) of the Health and Social Care Act 2012.

Where a patient’s record contains a defined long-term medical condition, which poses a COVID-19 risk and/or a condition/code which identifies a patient as being of moderate or high risk of complications from flu/COVID-19, data will be extracted until the expiry of the COVID 19. This will be reviewed regularly.

Processor – NHS Digital or NHS X

General Practice Extraction Service (GPES)

Covid-19 Planning and Research data

Purpose – Personal confidential and Special Category data will be extracted at source from GP systems for the use of planning and research for the Covid-19 pandemic emergency period. Requests for data will be required from NHS Digital via their secure NHSX SPOC Covid-19 request process.

Legal Basis – NHS Digital has been directed by the Secretary of State under section 254 of the 2012 Act under the COVID-19 Direction to establish and operate a system for the collection and analysis of the information specified for this service: GPES Data for Pandemic Planning and Research (COVID-19). A copy of the COVID-19 Direction is published at: www.digital.nhs.uk – COVID-19 Public Health Directions 2020

Patients who have expressed an opt out preference via Type 1 objections with their GP surgery, not to have their data extracted for anything other than their direct care will not be party to this data extraction.

Processor – NHS Digital NHS X

General Data Extraction Service (GPES)

CVDPREVENT Audit

Purpose – NHS England has directed NHS Digital to collect and analyse data in connection with Cardiovascular Disease Prevention Audit (referred hereafter to as “CVDPREVENT Audit”).

The NHS Long Term Plan identifies cardiovascular disease (CVD) as a clinical priority and the single biggest condition where lives can be saved by the NHS over the next 10 years. CVD causes a quarter of all deaths in the UK.

This General Practice Extraction Service (GPES) data will be extracted as an initial full-year extract of data and thereafter as an extract on a quarterly basis. The first extract is scheduled to take place in the second half of 2020-21 financial year and will cover the previous financial year of 2019-20.

Legal Basis – All GP Practices in England are legally required to share data with NHS Digital for this purpose under section 259(1)(a) and (5) of the 2012 Act

More information on this data extraction can be found at: www.digital.nhs.uk – GPES Cardiovascular Disease Prevention Audit

Processor – NHS Digital

Medication/PrescribingPurpose – 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.

Processor – Pharmacy of choice

GP Registrar – traineePurpose – We are a GP training surgery. On occasion you may be asked if you are happy to be seen by one of our GP registrars. 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.

Processor – RCGP, HEE, iConnect, Fourteen Fish

Learning Disability Mortality Programme

LeDer

Purpose – The Learning Disability Mortality Review (LeDeR) programme was commissioned to improve the standard and quality of care for people with a learning disability.

Legal Basis – It has approval from the Secretary of State under section 251 of the NHS Act 2006 to process patient identifiable information without the patient’s consent.

Processor – Bristol University.

Technical SolutionPurpose – 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, no other processing will be undertaken under this contract.

Legal Basis – Under GDPR the legitimate purpose for this activity is under contract to provide assistance.

6 1 (e) Public Task

9 2 (h) Health Care

Processor – SCW CSU

ACR project for patients with diabetes

Purpose – 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 and when you will be contacted by Healthy.io on boarding team.

Legal Basis – consented

Data processor – Nanette Nobes

Reviews of and Changes to our Privacy Notice

We will keep our Privacy Notice under regular review. This notice was last reviewed in February 2022.

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…”

General practice data for planning and research (GPDfPR)

NHS Digital has been collecting data from GPs through its trusted General Practice Extraction Service.

This system is now being replaced with their new General Practice Data for Planning and Research (GPDPR) service, a broader general-purpose collection which will enable faster access to pseudonymised patient data for planners and researchers.

The NHS needs data about the patients it treats in order to plan and deliver its services and to ensure that care and treatment provided is safe and effective. The General Practice Data for Planning and Research data collection will help the NHS to improve health and care services for everyone by collecting patient data that can be used to do this.

GP practices already share patient data for these purposes, but this new data collection will be more efficient and effective.

This means that GPs can get on with looking after their patients, and NHS Digital can provide controlled access to patient data to the NHS and other organisations who need to use it, to improve health and care for everyone.

Opting out of NHS Digital collecting your data ('Type 1 opt-out')

If you do not want your identifiable patient data to be shared outside of your GP practice for purposes except for your own care, you can register an opt-out with your GP practice. This is known as a Type 1 opt-out.

Type 1 opt-outs were introduced in 2013 for data sharing from GP practices, but may be discontinued in the future as a new opt-out has since been introduced to cover the broader health and care system, called the National Data Opt-out. If this happens people who have registered a Type 1 Opt-out will be informed.

NHS Digital will not collect any patient data for patients who have already registered a Type 1 opt-out in line with current policy. If this changes patients who have registered a Type 1 opt-out will be informed.

How to register a Type 1 opt-out

To register a Type 1 opt-out you need to do the following.

Download the Type 1 opt-out form from the NHS website
Complete the form and return it to your GP practice - you can do this by post or email, or leave it in person.

You can also contact us for a form to be sent out to you.

You can register a Type 1 opt-out at any time. You can also change your mind at any time and withdraw a Type 1 opt-out. If you have already registered a Type 1 opt-out with your GP practice your data will not be shared with NHS Digital.

If you have previously registered a Type 1 opt-out and you would like to withdraw this, you can also use the form to do this.

CQC Privacy Notice

The Care Quality Commission (CQC) is an organisation established in English law by the Health and Social Care Act. The CQC is the regulator for English health and social care services to ensure that safe care is provided. They inspect and produce reports on all English general practices in a rolling 5 year program. The law allows CQC to access identifiable patient data as well as requiring this practice to share certain types of data with them in certain circumstances, for instance following a significant safety incident. For more information about the CQC see: www.cqc.org.uk

Contact

Data Controller Contact Details

Dr. Stewart Tomlinson
Medwyn Surgery
Reigate Road
Dorking
RH4 1SD

Tel: 01306 882422

Data Protection Officer Contact Details

Mrs. Nanette Nobes
Medwyn Surgery
Reigate Road
Dorking
RH4 1SD

Tel: 01306 882422

Purpose Of The Processing

To provide the Secretary of State and others with information and reports on the status, activity and performance of the NHS. The provide specific reporting functions on indentified

Lawful Basis For Processing

The legal basis will be:

Article 6(1)(c) “processing is necessary for compliance with a legal obligation to which the controller is subject.”.
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 on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;”.

Recipient Or Categories Of Recipients Of The Shared Data

The data will be shared with the Care Quality Commission, its officers and staff and members of the inspection teams that visit us from time to time.

Rights To Object

You have the right to object to some or all of the information being shared with NHS Digital. Contact the Data Controller or the practice.

Right To Access And Correct

You have the right to access the data that is being shared and have any inaccuracies corrected. There is no right to have accurate medical records deleted except when ordered by a court of Law.

Retention Period

The data will be retained for active use during the processing and thereafter according to NHS Policies and the law.

Right To Complain

You have the right to complain to the Information Commissioner’s Office, you can use this link www.ico.org.uk/contact-us or calling their helpline.

Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate).

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website)/

Emergencies Privacy Notice

There are occasions when intervention is necessary in order to save or protect a patients life or to prevent them from serious immediate harm, for instance during a collapse or diabetic coma or serious injury or accident. In many of these circumstances the patient may be unconscious or too ill to communicate. In these circumstances we have an overriding duty to try to protect and treat the patient. If necessary we will share your information and possibly sensitive confidential information with other emergency healthcare services, the police or fire brigade, so that you can receive the best treatment.

The law acknowledges this and provides supporting legal justifications.

Individuals have the right to make pre-determined decisions about the type and extend of care they will receive should they fall ill in the future, these are known as “Advance Directives”. If lodged in your records these will normally be honoured despite the observations in the first paragraph.

Contact Details

Data Controller Contact Details

Dr Stewart Tomlinson
Medwyn Surgery
Reigate Road
Dorking
RH4 1SD

Tel: 01306 882422

Data Protection Officer Contact Details

Nanette Nobes

Email: medwyn.surgery@nhs.net

Purpose Of The Processing

Doctors have a professional responsibility to share data in emergencies to protect their patients or other persons. Often in emergency situations the patient is unable to provide consent.

Lawful Basis For Processing

This is a Direct Care purpose. There is a specific legal justification;

Article 6(1)(d) “processing is necessary to protect the vital interests of the data subject or of another natural person”.
Article 9(2)(c) “processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject 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…” .

We will also recognise your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality”*.

Recipient Or Categories Of Recipients Of The Shared Data

The data will be shared with Healthcare professionals and other workers in emergency and out of hours services and at local hospitals, diagnostic and treatment centres.

Rights To Object

You have the right to object to some or all of the information being shared with the recipients. Contact the Data Controller or the practice.

You also have the right to have an “Advance Directive” placed in your records and brought to the attention of relevant healthcare workers or staff.

Right To Access And Correct

You have the right to access the data that is being shared and have any inaccuracies corrected. There is no right to have accurate medical records deleted except when ordered by a court of Law. If we share or process your data in an emergency when you have not been able to consent, we will notify you at the earliest opportunity.

Retention Period

The data will be retained in line with the law and national guidance.

Right To Complain

You have the right to complain to the Information Commissioner’s Office, you can use this link www.ico.org.uk/contact-us or calling their helpline.

Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website)

Direct Care

This practice keeps data on you relating to who you are, where you live, what you do, your family, possibly your friends, your employers, your habits, your problems and diagnoses, the reasons you seek help, your appointments, where you are seen and when you are seen, who by, referrals to specialists and other healthcare providers, tests carried out here and in other places, investigations and scans, treatments and outcomes of treatments, your treatment history, the observations and opinions of other healthcare workers, within and without the NHS as well as comments and aide memoires reasonably made by healthcare professionals in this practice who are appropriately involved in your health care.

When registering for NHS care, all patients who receive NHS care are registered on a national database, the database is held by NHS Digital, a national organisation which has legal responsibilities to collect NHS

GPs have always delegated tasks and responsibilities to others that work with them in their surgeries, on average an NHS GP has between 1,500 to 2,500 patients for whom he or she is accountable. It is not possible for the GP to provide hands on personal care for each and every one of those patients in those circumstances, for this reason GPs share your care with others, predominantly within the surgery but occasionally with outside organisations.

If your health needs require care from others elsewhere outside this practice we will exchange with them whatever information about you that is necessary for them to provide that care. When you make contact with healthcare providers outside the practice but within the NHS it is usual for them to send us information relating to that encounter. We will retain part or all of those reports. Normally we will receive equivalent reports of contacts you have with non NHS services but this is not always the case.

Your consent to this sharing of data, within the practice and with those others outside the practice is assumed and is allowed by the Law.

People who have access to your information will only normally have access to that which they need to fulfil their roles, for instance admin staff will normally only see your name, address, contact details, appointment history and registration details in order to book appointments, the practice nurses will normally have access to your immunisation, treatment, significant active and important past histories, your allergies and relevant recent contacts whilst the GP you see or speak to will normally have access to everything in your record.

You have the right to object to our sharing your data in these circumstances but we have an overriding responsibility to do what is in your best interests. Please see below.

We are required by Articles in the General Data Protection Regulations to provide you with the information in the following 9 subsections.

Data Controller Contact Details

Dr. Stewart Tomlinson
Medwyn Surgery
Reigate Road
Dorking
RH4 1SD

Tel: 01306 882422

Data Protection Officer Contact Details

The Practice’s Data Protection Officer is Nanette Nobes.

Email: medwyn.surgery@nhs.net

Purpose Of The Processing

Direct Care is care delivered to the individual alone, most of which is provided in the surgery. After a patient agrees to a referral for direct care elsewhere, such as a referral to a specialist in a hospital, necessary and relevant information about the patient, their circumstances and their problem will need to be shared with the other healthcare workers, such as specialist, therapists, technicians etc. The information that is shared is to enable the other healthcare workers to provide the most appropriate advice, investigations, treatments, therapies and or care.

Lawful Basis For Processing

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)(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…”.

We will also recognise your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality”*.

Recipient Or Categories Of Recipients Of The Processed Data

The data will be shared with Health and care professionals and support staff in this surgery and at hospitals, diagnostic and treatment centres who contribute to your personal care.

Rights To Object

You have the right to object to some or all the information being processed under Article 21. Please contact the Data Controller or the practice. You should be aware that this is a right to raise an objection, that is not the same as having an absolute right to have your wishes granted in every circumstance.

Right To Access And Correct

You have the right to access the data that is being shared and have any inaccuracies corrected. There is no right to have accurate medical records deleted except when ordered by a court of Law.

Retention Period

The data will be retained in line with the law and national guidance. www.digital.nhs.uk/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016.

Right To Complain

You have the right to complain to the Information Commissioner’s Office, you can use this link www.ico.org.uk/contact-us or calling their helpline.

Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website)

National Screening Programs Privacy Notice

More information can be found at: www.gov.uk/population-screening-programmes.

Data Controller Contact Details

Dr. Stewart Tomlinson
Medwyn Surgery
Reigate Road
Dorking
RH4 1SD
Tel: 01306 882422

Data Protection Officer Contact Details

Nanette Nobes

Email: medwyn.surgery@nhs.net

Purpose Of The Processing

The NHS provides several national health screening programs to detect diseases or conditions earlier such as; cervical and breast cancer, aortic aneurysm and diabetes. More information can be found at www.gov.uk/population-screening-programmes The information is shared so as to ensure only those who should be called for screening are called and or those at highest risk are prioritised.

Lawful Basis For Processing

The sharing is to support Direct Care which is covered under

Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’.
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…”.

We will also recognise your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality”.

Recipient Or Categories Of Recipients Of The Shared Data

The data will be shared with local service providers.

Rights To Object

You have the right to object to this processing of your data and to some or all of the information being shared with the recipients. Contact the Data Controller or the practice. For national screening programmes: you can opt so that you no longer receive an invitation to a screening programme.

Please visit www.gov.uk/opting-out-of-the-nhs-population-screening-programmes for more information.

Right To Access And Correct

You have the right to access the data that is being shared and have any inaccuracies corrected. There is no right to have accurate medical records deleted except when ordered by a court of Law.

Retention Period

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: www,digital.nhs.uk/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016.

Right To Complain

You have the right to complain to the Information Commissioner’s Office, you can use this link www.ico.org.uk/contact-us or calling their helpline.

Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website).

Summary Care Record Privacy Notice

The Summary Care Record is an English NHS development. It consists of a basic medical record held on a central government database on every patient registered with a GP surgery in England. The basic data is automatically extracted from your GP’s electronic record system and uploaded to the central system GPs are required by their contract with the NHS to allow this upload. The basic upload consists of current medication, allergies and details of any previous bad reactions to medicines, the name, address, date of birth and NHS number of the patient

As well as this basic record additional information can be added, and this can be far reaching and detailed. However, whereas the basic data is uploaded automatically any additional data will only be uploaded if you specifically request it and with your consent.

Summary Care Records can only be viewed within the NHS on NHS smartcard controlled screens or by organisation, such as pharmacies, contracted to the NHS.

You can find out more about the SCR here https://digital.nhs.uk/summary-care-records

You have the right to object to our sharing your data in these circumstances and you can ask your GP to block uploads.

We are required by Articles in the General Data Protection Regulations to provide you with the information in the following 9 subsections.

Data Controller Contact Details

Dr. Stewart Tomlinson
Medwyn Surgery
Reigate Road
Dorking
RH4 1SD

Tel: 01306 882422

Data Protection Officer Contact Details

Adam Spinks

Email: ajspinksltd.surreyheartlandsdpo@nhs.net

Purpose Of The Processing

Upload of basic and detailed additional SCR data.

Lawful Basis For Processing

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)(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…”.

We will also recognise your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality”*.

Recipient Or Categories Of Recipients Of The Processed Data

The data will be shared with Health and care professionals and support staff in this surgery and at hospitals, diagnostic and treatment centres who contribute to your personal care.

Rights To Object

Right To Access And Correct

You have the right to access the data that is being shared and have any inaccuracies corrected. There is no right to have accurate medical records deleted except when ordered by a court of Law.

Retention Period

The data will be retained in line with the law and national guidance. For more information, please visit www.digital.nhs.uk/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016.

Right To Complain

You have the right to complain to the Information Commissioner’s Office, you can use this link https://ico.org.uk/global/contact-us/ or calling their helpline

Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website).

NHS Digital Privacy Notice

NHS Digital is the secure haven* for NHS patient data, a single secure repository where data collected from all branches of the NHS is processed. NHS Digital provides reports on the performance of the NHS, statistical information, audits and patient outcomes. Examples include; A/E and outpatient waiting times, the numbers of staff in the NHS, percentage target achievements, payments to GPs etc and more specific targeted data collections and reports such as the Female Genital Mutilation, general practice appointments data and English National Diabetes Audits.

GPs are required by the Health and Social Care Act to provide NHS Digital with information when instructed. This is a legal obligation which overrides any patient wishes. These instructions are called “Directions”. More information on the directions placed on GPs can be found at www.digital.nhs.uk/NHS-England-Directions and www.nhsdatasharing.info.

Data Controller Contact Details

Dr. Stewart Tomlinson
Medwyn Surgery
Reigate Road
Dorking
RH4 1SD

Data Protection Officer Contact Details

Nanette Nobes

Email: medwyn.surgery@nhs.net

Purpose Of The Processing

To provide the Secretary of State and others with information and reports on the status, activity and performance of the NHS. The provide specific reporting functions on indentified,

Lawful Basis For Processing

The legal basis will be

Article 6(1)(c) “processing is necessary for compliance with a legal obligation to which the controller is subject.”.
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 on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3;”.

Recipient Or Categories Of Recipients Of The Shared Data

The data will be shared with NHS Digital according to directions which can be found at www.digital.nhs.uk/NHS-England-Directions.

Rights To Object

You have the right to object to some or all of the information being shared with NHS Digital. Contact the Data Controller or the practice.

Right To Access And Correct

You have the right to access the data that is being shared and have any inaccuracies corrected. There is no right to have accurate medical records deleted except when ordered by a court of Law.

Retention Period

The data will be retained for active use during the processing and thereafter according to NHS Policies and the law.

Right To Complain

You have the right to complain to the Information Commissioner’s Office, you can use this link www.ico.org.uk/contact-us or calling their helpline

Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website)

Research Privacy Notice

This practice participates in research. We will only agree to participate in any project if there is an agreed clearly defined reason for the research that is likely to benefit healthcare and patients. Such proposals will normally have a consent process, ethics committee approval, and will be in line with the principles of Article 89(1) of GDPR.

Research organisations do not usually approach patients directly but will ask us to make contact with suitable patients to seek their consent. Occasionally research can be authorised under law without the need to obtain consent. This is known as the section 251 arrangement. We may also use your medical records to carry out research within the practice.

We share information with medical research organisations with your explicit consent or when the law allows

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.

Data Controller Contact Details

Dr. Stewart Tomlinson
Medwyn Surgery
Reigate Road
Dorking
RH4 1SD

Data Protection Officer Contact Details

Nanette Nobes

Email: medwyn.surgery@nhs.net

Purpose Of The Sharing

Medical research.

Lawful Basis For Processing Or Sharing

Identifiable data will be shared with researchers either with explicit consent or, where the law allows, without consent. The lawful justifications are;

Article 6(1)(a) “the data subject has given consent to the processing of his or her personal data for one or more specific purposes”.
Article 6(1)(e) may apply “necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller”.

And in addition there are three possible Article 9 justifications.

Article 9(2)(a) – ‘the data subject has given explicit consent…’.
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’.
Article 9(2)(h) – ‘processing is necessary for the purpose of preventative…medicine…the provision of health or social care or treatment or the management of health or social care systems and services…’.

Recipient Or Categories Of Recipients Of The Shared Data

The data will be shared with research study.

Rights To Object

You do not have to consent to your data being used for research. You can change your mind and withdraw your consent at any time. Contact the Data Controller or the practice.

Right To Access And Correct

You have the right to access any identifiable data that is being shared and have any inaccuracies corrected.

Retention Period

The data will be retained for the period as specified in the specific research protocol(s).

Right To Complain

You have the right to complain to the Information Commissioner’s Office, you can use this link www.ico.org.uk/contact-us or calling their helpline.

Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website).

Safeguarding Privacy Notice

Some members of society are recognised as needing protection, for example children and vulnerable adults. If a person is identified as being at risk from harm we are expected as professionals to do what we can to protect them. In addition we are bound by certain specific laws that exist to protect individuals. This is called “Safeguarding”.

Where there is a suspected or actual safeguarding issue we will share information that we hold with other relevant agencies whether or not the individual or their representative agrees.

There are three laws that allow us to do this without relying on the individual or their representatives agreement (unconsented processing), these are:

In addition there are circumstances when we will seek the agreement (consented processing) of the individual or their representative to share information with local child protection services, the relevant law being; section 17 Childrens Act 1989.

Data Controller Contact Details

Dr. Stewart Tomlinson
Medwyn Surgery
Reigate Road
Dorking
RH4 1SD

Data Protection Officer Contact Details

Nanette Nobes

Email: medwyn.surgery@nhs.net

Purpose Of The Processing

The purpose of the processing is to protect the child or vulnerable adult.

Lawful Basis For Processing

The sharing is a legal requirement to protect vulnerable children or adults, therefore for the purposes of safeguarding children and vulnerable adults, the following Article 6 and 9 conditions apply:

For consented processing;

6(1)(a) the data subject has given consent to the processing of his or her personal data for one or more specific purposes
For unconsented processing;
6(1)(c) processing is necessary for compliance with a legal obligation to which the controller is subject
9(2)(b) ‘…is necessary for the purposes of carrying out the obligations and exercising the specific rights of the controller or of the data subject in the field of …social protection law in so far as it is authorised by Union or Member State law..’

We will consider your rights established under UK case law collectively known as the “Common Law Duty of Confidentiality”*

Recipient Or Categories Of Recipients Of The Shared Data

The data will be shared with [insert local safeguarding services.

Rights To Object

This sharing is a legal and professional requirememt and therefore there is no right to object.

There is also GMC guidance at www.gmc-uk.org/children_guidance_56_63_child_protection.

Right To Access And Correct

The DSs or legal representatives has the right to access the data that is being shared and have any inaccuracies corrected. There is no right to have accurate medical records deleted except when ordered by a court of Law.

Retention Period

The data will be retained for active use during any investigation and thereafter retained in an inactive stored form according to the law and national guidance

Right To Complain

You have the right to complain to the Information Commissioner’s Office, you can use this link www.ico.org.uk/contact-us or calling their helpline

Tel: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website)

Common Law Duty of Confidentiality

Common law is not written out in one document like an Act of Parliament. It is a form of law based on previous court cases decided by judges; hence, it is also referred to as ‘judge-made’ or case law. The law is applied by reference to those previous cases, so common law is also said to be based on precedent.

The general position is that if information is given in circumstances where it is expected that a duty of confidence applies, that information cannot normally be disclosed without the information provider’s consent.

In practice, this means that all patient information, whether held on paper, computer, visually or audio recorded, or held in the memory of the professional, must not normally be disclosed without the consent of the patient. It is irrelevant how old the patient is or what the state of their mental health is; the duty still applies.

Three circumstances making disclosure of confidential information lawful are:

Where the individual to whom the information relates has consented
Where disclosure is in the public interest
Where there is a legal duty to do so, for example a court order