Fair Processing and Privacy Notice
This page contains information about how we process your data, and your rights under the Data Protection Act 2018 and the EU General Data Protection Regulations (GDPR).
Your Information, Your Rights
Being transparent and providing accessible information to patients about how we will use your personal information is a key element of the Data Protection Act 2018 and the EU General Data Protection Regulations (GDPR).
The following notice reminds you of your rights in respect of the above legislation and how Haverstock Healthcare Ltd will use your information for lawful purposes in order to deliver your care and the effective management of the local NHS system.
This notice reflects how we use information for:
- The management of patient records;
- Communication concerning your clinical care;
- Ensuring the quality of your care and the best clinical outcomes are achieved through clinical audit and retrospective review;
- Participation in health and social care research; and
- The management and clinical planning of services to ensure that appropriate care is in place for our patients today and in the future.
- The management of your application and/or employment with us
We are the data controller for any personal data that we hold about you.
What information do we collect and use?
All personal data must be processed fairly and lawfully, whether is it received directly from you or from a third party in relation to the your care.
We will collect the following types of information from you or about you from a third party (provider organisation) engaged in the delivery of your care:
- ‘Personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified from the data. This includes, but is not limited to name, date of birth, full postcode, address, next of kin and NHS Number.
- ‘Special category / sensitive data’ such as medical history including details of appointments and contact with you, medication, emergency appointments and admissions, clinical notes, treatments, results of investigations, supportive care arrangements, social care status, race, ethnic origin, genetics and sexual orientation.
Your healthcare records contain information about your health and any treatment or care you have received previously (e.g. from an acute hospital, GP surgery, community care provider, mental health care provider, walk-in centre, social services). These records may be electronic, a paper record or a mixture of both. We use a combination of technologies and working practices to ensure that we keep your information secure and confidential.
Why do we collect this information?
The NHS Act 2006 and the Health and Social Care Act 2012 invests statutory functions on GP Practices to promote and provide the health service in England, improve quality of services, reduce inequalities, conduct research, review performance of services and deliver education and training. To do this we will need to process your information in accordance with current data protection legislation to:
- Protect your vital interests;
- Pursue our legitimate interests as a provider of medical care, particularly where the individual is a child or a vulnerable adult;
- Perform tasks in the public’s interest;
- Deliver preventative medicine, medical diagnosis, medical research; and
- Manage the health and social care system and services.
How is the information collected?
Your information will be collected either electronically using secure NHS Mail or a secure electronic transferred over an NHS encrypted network connection. In addition physical information will be sent to your practice. This information will be retained within your GP’s electronic patient record or within your physical medical records.
Who will we share your information with?
In order to deliver and coordinate your health and social care, we may share information with the following organisations:
- Local GP Practices in order to deliver extended primary care services
- NHS Trusts
- 111 and Out of Hours Service
- Local Social Services and Community Care services
- Voluntary Support Organisations commissioned to provide services by Clinical Commissioning Groups
Your information will only be shared if it is appropriate for the provision of your care or required to satisfy our statutory function and legal obligations.
Your information will not be transferred outside of the European Union.
Whilst we might share your information with the above organisations, we may also receive information from them to ensure that your medical records are kept up to date and so that staff at the MIU can provide the appropriate care.
How do we maintain the confidentiality of your records?
We are committed to protecting your privacy and will only use information that has been collected lawfully. Every member of staff who works for an NHS organisation has a legal obligation to keep information about you confidential. We maintain our duty of confidentiality by conducting annual training and awareness, ensuring access to personal data is limited to the appropriate staff and information is only shared with organisations and individuals that have a legitimate and legal basis for access.
Information is not held for longer than is necessary. We will hold your information in accordance with the Records Management Code of Practice for Health and Social Care 2016.
Consent and Objections
Do I need to give my consent?
The GDPR sets a high standard for consent. Consent means offering people genuine choice and control over how their data is used. When consent is used properly, it helps you build trust and enhance your reputation. However consent is only one potential lawful basis for processing information. Therefore we may not need to seek your explicit consent for every instance of processing and sharing your information, on the condition that the processing is carried out in accordance with this notice. We will contact you if we are required to share your information for any other purpose which is not mentioned within this notice. Your consent will be documented within your electronic patient record.
What will happen if I withhold my consent or raise an objection?
You have the right to write to withdraw your consent to any time for any particular instance of processing, provided consent is the legal basis for the processing. Please us for further information and to raise your objection.
Sharing of Electronic Patient Records within the NHS
Electronic patient records are kept in most places where you receive healthcare. Our local electronic systems (such as SystmOne, EMIS and Eclipse) enables your record to be shared with organisations involved in your direct care, such as:
- GP practices
- Community services such as district nurses, rehabilitation services, telehealth and out of hospital services.
- Child health services that undertake routine treatment or health screening
- Urgent care organisations, minor injury units or out of hours services
- Community hospitals
- Palliative care hospitals
- Care Homes
- Mental Health Trusts
- Social Care organisations
For more information please ask at reception.
In addition, NHS England have implemented the Summary Care Record which contains information including medication you are taking and any bad reactions to medication that you have had in the past.
In most cases, particularly for patients with complex conditions and care arrangements, the shared electronic health record plays a vital role in delivering the best care and a coordinated response, taking into account all aspects of a person’s physical and mental health. Many patients are understandably not able to provide a full account of their care, or may not be in a position to do so. The shared record means patients do not have to repeat their medical history at every care setting.
Your record will be automatically setup to be shared with the organisations listed above, however you have the right to ask your GP to disable this function or restrict access to specific elements of your record. This will mean that the information recorded by your GP will not be visible at any other care setting.
You can also reinstate your consent at any time by giving your permission to override your previous dissent.
If you have received treatment within the NHS, the local Commissioning Support Unit (CSU) may require access to your personal information to determine which Clinical Commissioning Group is responsible for payment for the treatment or procedures you have received. Information such as your name, address, date of treatment and associated treatment code may be passed onto the CSU to enable them to process the bill. These details are held in a secure environment and kept confidential. This information is only used to validate invoices in accordance with the current Section 251 Agreement, and will not be shared for any further commissioning purposes.
Your Right of Access to Your Records
The Data Protection Act and General Data Protection Regulations allows you to find out what information is held about you including information held within your medical records, either in electronic or physical format. This is known as the “right of subject access”. If you would like to have access to all or part of your records, you can make a request in writing to the organisation that you believe holds your information. This can be your GP, or a provider that is or has delivered your treatment and care. You should however be aware that some details within your health records may be exempt from disclosure, however this will in the interests of your wellbeing or to protect the identity of a third party. If you would like access to the records we hold about you please complete this Haverstock Healthcare Ltd Subject Access Request Form and submit your request in writing to:
Andrew Young, Data Protection Officer, Haverstock Healthcare, 154 Drummond Street, London NW1 3HP
In the event that your feel we have not complied with the current data protection legislation, either in responding to your request or in our general processing of your personal information, you should raise your concerns in the first instance in writing to the Data Protection Office at:
Haverstock Healthcare, The Lodge, 25 Mandela Street, London NW1 0DU.
If you remain dissatisfied with our response you can contact the Information Commissioner’s Office at Wycliffe House, Water Lane, Wimslow, Cheshire SK9 5AF – Enquiry Line: 01625 545700 or online at www.ico.gov.uk.
How Haverstock Healthcare Ltd uses your information when you apply for a job and if we employ you
- Purpose and legal basis for processing
- What we need
- Why we need it
- What we do with it
- How long we keep it
- Do we use any data processors?
Individual applicants as part of the recruitment process.
Purpose and legal basis for processing
When you apply for a job with us, we will rely on your consent under article 6(1)(a) of the GDPR to process your data. If your application includes any special categories of data, for example relating to a monitoring of our application relating to minorities, disability or any additional needs you may have, we will rely on your explicit consent under Article 9(2)(a).
What we need
We need your name, contact details, CV and telephone number. We also need your address and data of birth so that we can conduct the necessary Disclosure and Barring Service checks (if you are successful).
Why we need it and what we do with it
We need this information to process your application, and to keep a record of the applications made. We may keep your CV and personal contact details in order to offer you further opportunities in the future, if you are unsuccessful.
How long we keep it
We hold your data in line with our retention schedules, which follow the NHS Information Governance Alliance Records Management Code of Practice which is available here. In general, we will keep recruitment information for 6 years after you have made the application.
Do we use any data processors?
To advertise jobs and attract candidates m we use the NHS Jobs website. You can find out more information here. We use dropbox to store our HR records. Dropbox are an American company providing secure shared folder services. All data is encrypted and the terms and conditions, and their privacy operations, comply with the EU-US Privacy shield. You can read more about them here https://www.dropbox.com/privacy.
Employees and independent contractors.
Purpose and legal basis for processing
If you are employed by us, we will rely on article 6(1)(b), the making or completion of a contract between us to process your personal data, and for any special category data we will rely on article 9(2)(b), employment and social security.
What do we need
We need your name, contact details, date of birth and bank details. We may also need to ask you about your ethnicity in order to monitor our compliance with equality legislation.
Why we need it and what we do with it
We need your personal data to pay you, to ensure we look after you as our member of staff, and to ensure we are able to offer you any support for additional needs you may require. We also have to comply with the differing requirements of employment law and tax law relating to your employment.
How long we keep it
We hold your data in line with our retention schedules, which follow the NHS Information Governance Alliance Records Management Code of Practice which is available here. In general, we will keep recruitment and employee information for 6 years after you left the organisation.
Do we use any data processors?
We use dropbox to store our HR records. Dropbox are an American company providing secure shared folder services. All data is encrypted and the terms and conditions, and their privacy operations, comply with the EU-US Privacy shield. You can read more about them here https://www.dropbox.com/privacy.
You can read more information in the following documents:
- Haverstock Healthcare Ltd – Privacy Notice – How we use your information to provide you with healthcare
- Haverstock Healthcare Ltd – Privacy Notice – Legal Requirements to Share Data
- Haverstock Healthcare Ltd – Privacy-Notice – National-Screening-Programmes
- Haverstock Healthcare Ltd – Privacy Notice – Measuring the quality of care