THE LYNDHURST SURGERY
GENERAL DATA PROTECTION
REGULATION
PRIVACY NOTICE 1 – GDPR
How we use your medical records
Important information for patients
• This practice handles medical records in-line with laws on data protection and confidentiality.
•
• We share medical records with those who are involved in providing you with care and treatment.
•
• In some circumstances we will also share medical records for medical research, for example to find out more about why people get ill.
•
• We share information when the law requires us to do so, for example, to prevent infectious diseases from spreading or to check the care being provided to you is
safe.
Processors of personal data
• In order to deliver the best possible service, the practice contracts Processors to process personal data, including patient data on our behalf.
• When we use a Processor to process personal data we will always have an appropriate legal agreement in place to ensure that they keep the data secure, that
they
do not use or share information other than in accordance with our instructions and that they are operating appropriately. Examples of functions that may be
carried
out by a Processor include:
a. Companies that provide IT services & support, including our core clinical systems; systems which manage patient facing services (such as our website and service
accessible through the same); data hosting service providers; systems which facilitate appointment bookings or electronic prescription services and document
management services.
b. Delivery services (for example if we were to arrange for delivery of any medicines to you).
c. Payment providers (if for example you were paying for a prescription or a service such as travel vaccinations).
• You have the right to be given a copy of your medical record.
•
• You have the right to object to your medical records being shared with those who provide you with care.
•
• You have the right to object to your information being used for medical research and to plan health services.
•
• You have the right to have any mistakes corrected and to complain to the Information Commissioner’s Office. Please see the practice privacy notice on the
website or speak to a member of staff for more information about your rights.
PRIVACY NOTICE-2
Medical Research & National Clinical Audits
How your information is used for medical research and to measure the quality of care
Medical research
• The Lyndhurst 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:
•
• National Diabetes Audit - https://digital.nhs.uk/services/general-practice-gpcollections/service-information/national-
diabetes-audit
• 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
• The Lyndhurst 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.
We are required by law to provide you with the following information about how we
share your information for medical research purposes.
Data Controller contact details
The Lyndhurst Surgery
53 Lyndhurst Drive
Leyton, E10 6JB
Data Protection Officer contact details
Nosheen Sethi
– Practice Manager
PH: 02085391663
Purpose of the processing
Medical research and to check the quality of care which is given to patients
(this is called national clinical audit).
Lawful basis for processing
The following sections of the GDPR mean that we can use medical records for
research and to check the quality of care (national clinical audits)
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 vested in the
controller’.
For medical research: there are two possible Article 9 conditions.
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’.
To check the quality of care (clinical audit):
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 processed data
For medical research the data will be shared with:
National Diabetes Audit
–
https://digital.nhs.uk/services/general
-practice-gpcollections/service-information/national-diabetes-audit
For national clinical audits which check the quality of care the data will be shared with NHS Digital.
Rights to object and the national data
opt
-out
You have a right to object under the GDPR and the right to ‘opt
-out’ under the national data opt-out model. 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.
To opt
-out of your identifiable information being shared
for medical research or to find out more about your opt out
choices please go to NHS Digital’s website:
https://digital.nhs.uk/
phone number for general enquires 0300 303 5678
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 NHS Choices practice page
https://www.nhs.uk/Services/gp/Overview/DefaultView.aspx?id=44193
•
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.
Retention period
GP medical records will be kept in line with the law and national guidance. Information on how long records are
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
PRIVACY NOTICE-3
Legal Requirements Data Sharing
• How your information is shared so that this practice
can meet legal requirements
• The law requires The Lyndhurst 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
• 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
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/
Public Health
• 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
We are required by law to provide you with the following information about how we
handle your information and our legal obligations to share data.
Data Controller contact details
The Lyndhurst Surgery
53 Lyndhurst Drive
Leyton, E10 6JB
Data Protection Officer contact
details
Nosheen Sethi
– Practice Manager
PH: 02085391663
Purpose of the processing
Compliance with legal obligations or court order.
Lawful basis for processing
The following sections of the GDPR mean that we can share information when the law tells us to.
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 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 processed data
•
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.
Rights to object and the 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.
NHS Digital
•
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.
•
The national data op-out model provides you with an easy way of opting-out of identifiable data
being used for health service planning and research purposes, including when it is shared by NHS
Digital for these reasons.
To opt
-out or to find out more about your opt-out choices please go to NHS Digital’s website:
https://digital.nhs.uk/services/national
-data-opt-outprogramme
Public health
•
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.
Court order
•
Your information must be shared if it ordered by a court. This means that you are unable to object.
•
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 NHS Choices practice
page https://www.nhs.uk/Services/gp/Overview/DefaultView.aspx?id=44193
•
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 are
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.
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
PRIVACY NOTICE-4-
Screening Programmes
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 in relation to our legal obligations to share data.
Data Controller contact details
The Lyndhurst Surgery
53 Lyndhurst Drive
Leyton, E10 6JB
Data Protection Officer contact details
Nosheen Sethi
– Practice Manager
PH: 02085391663
Purpose of the processing
•
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 allow us to contact patients for screening.
Article 6(1)(e)
– ‘processing is necessary…in the exercise of official authority vested in the controller...’’
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 processed data
The data will be shared with:
NHS Bowel Screening Programme
NHS Breast Screening Programme
Diabetic Eye Screening
Cytology Screening
Rights to object
For national screening programmes: you can opt so that you no longer receive an invitation to a screening
programme.
See:
https://www.gov.uk/government/publications/opting-out-of-the-nhs-population-screening-
programmes
Or speak to your practice.
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 NHS Choices practice
page https://www.nhs.uk/Services/gp/Overview/DefaultView.aspx?id=44193
•
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.
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:
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.