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Fair Process Privacy Notice

This page explains

  • Why the NHS collects information about you and how it is used.
  • Who we may share information with and why
  • Your right to see your health records, how we keep your records confidential and security measures in place for storing and sharing
  • Your rights to object, rectify or erase your data

 

Introduction

The law determines how organisations can use the personal information they collect. This is underpinned by the Common Law Duty of Confidentiality together with legislation we must comply with including:

  • Data Protection Act 1998 (until it is replaced by the Data Protection Act 2018 on 25th May
  • Human Rights Act 1998
  • Health and Social Care Act 2012

We are required by the General Data Protection Regulations to provide you with the following information:

 

Data Controller contact details

North Petherton Surgery
Mill Street
North Petherton
Bridgwater
TA6 6LX

 

Data Protection Officer contact details

These details are currently being confirmed for the new regulations. For now, please contact the Practice Manager.

 

Why we collect information about you:

In the National Health Service we aim to provide you with the highest quality of health care. To do this we must keep records about you which contain information recorded by health workers who have been involved in your care.

 

What records about you do we keep?

  • Basic details about you such as address, date of birth, next of kin etc;
  • Correspondence, letters, notes and reports about your health;
  • Appointment details, associated admissions and medical diagnoses;
  • Investigations and test results;
  • Relevant information from people who care for you and know you well such as health professionals and relatives

 

It is good practice for people in the NHS who provide care to:

  • Discuss and agree with you what they are going to record about you and
  • If you ask, show you what they have recorded about you

 

How we keep your records confidential

  • Everyone working for the NHS has a legal duty to keep information about you confidential and this practice retains your information securely;
  • We will only ask for and keep information that is necessary. We will keep it as accurate and up to-date as possible. We will explain the need for any information we ask for if you are not sure why it is needed;
  • To help us protect your confidentiality it is important to inform us about any relevant changes that we should know about. This would include such things as change of personal circumstance, change of address and phone numbers;
  • All persons in the practice (not already covered by a professional confidentiality code) sign a confidentiality agreement that explicitly makes clear their duties in relation to personal health information and the consequences of breaching that duty.
  • Access to patient records by staff other than clinical staff is regulated to ensure that they are used only to the extent necessary to enable tasks to be performed for the proper functioning of the practice. In this regards, patients should understand that practice staff may have access to their records for:-
  • Identifying and printing repeat prescriptions for patients. These are then reviewed and signed by the GP.
  • Generating a medical certificate for the patient. This is then checked and signed by the GP.
  • Typing referral letters to hospital consultants or allied health professionals such as physiotherapists, occupational therapists, psychologists and dieticians.
  • Opening letters from hospitals and consultants. The letters could be appended to a patient’s paper file or scanned into their electronic patient record.
  • (This list is not exhaustive).

 

We have a duty to:

  • Maintain full and accurate records of the care we provide to you
  • Keep records about you confidential and secure
  • Provide information in a format that is accessible to you (e.g. large type if you are partially sighted)

 

What information about you do we share?

The reason we share your information is solely for the purpose of your direct care. There are currently two ways that this can be processed.

 

Summary Care Record

A Summary Care Record will, in its basic form, contain important information about any medicines you are taking, allergies you suffer from and any bad reactions to medicines that you have had.

Giving healthcare staff access to this information can prevent mistakes being made when caring for you in an emergency or when your GP practice is closed. Your Summary Care Record will also include data to uniquely identify you correctly.

You can also ask your practice to include additional information such as current conditions on your SCR. It is very straight forward to add but we can only do this with your express permission.

 

GP clinical system

Sometimes it is helpful for us to be able to share information about your health and care requirements with other health organisations that are responsible for your health care. Work has been ongoing to improve the way that medical records are made available to treating clinicians nationally. As a result of this work we are now able to share clinical information between health professionals including other GP practice, child health services, community health services, hospitals, out of hours, palliative care and similar.

Sharing of information in this way is designed to ensure that the healthcare professional looking after you has the most relevant information to enable them to provide you with the most appropriate care. The type of information shared includes a summary of current problems, current medication, allergies, recent tests, diagnosis, procedures, investigations, risks and warnings – all information is currently held in your GP system record (unless marked as private).

Whenever a clinician from another healthcare organisation wishes to view your record they should seek your permission before doing so: if you say “no” they will not be able to see any information. We have automatically set up the sharing facility to allow your information to be shared. However, if you do not wish us to share your information in this way please let us know and we will ensure that your information is not shared. 

Sharing information helps clinicians to make decisions based upon wider knowledge of you and also helps to reduce the number of times you or your family members are asked the same question. In short, it assists clinicians to provide more “joined up care”.

An audit log is maintained showing who has accessed your record, and when, and you are entitled to request a copy of that log

 

Other Agencies

The NHS may not be the only government service to provide you with the care you need. It may be necessary for us to provide information to other agencies directly involved in your care. Under these circumstances we will seek your consent before information is shared.

We may request your specific consent to use personal information in research projects or other non-medical aspects of treatment. If you do not wish your information/medical records to be accessed for such a purpose, please inform a member of staff.

 

Can you ask for your information not to be shared?

You can ask for any information and/or consultation to be marked as private. This means that viewing this particular information and/or consultation is restricted to staff (clinical and non-clinical) in the practice, but allows the rest of the record to be viewed by whoever is treating you. It is your responsibility to tell us if there is any information that you wish to be marked as private.

 

Can I change my mind?

Yes, you can always change your mind and amend who you give consent to see your records. For instance, you can decline to share your records out from the surgery, but if you build up a relationship with the physiotherapist who was treating you and they ask you if they could look at an x-ray report, you could give your consent at that point for them to view your records. You will be referred back to us to change your preference, so the physio treating you should – with your permission – be able to see your records by the time of your next appointment.

 

If I decline – what happens in an emergency?

In the event of a medical emergency, for instance if you were taken unconscious to A+E, and the clinician treating you feels it is important to be able to see your medical records, he will be able to override any consents set. However, the doctor has to give a written reason for doing so. Where this happens an audit is undertaken by the local Caldicott Guardian (the person with overall responsibility for Data Protection compliance).

If you would prefer not to have your record shared in any of these ways, please let us know.

 

Access to your records

The Data Protection Act 1998 (Replaced by the Data Protection Act 2018 in May 2018) gives every living person, or an authorised representative, the right to apply for access to their health records. You have a right to ask for a copy of records held about you. We are required to respond within 28 calendar days. However we will do our best to complete your request in a shorter timescale. There is a charge for this service (until May 25th 2018).

You will be required to send a written request to the practice and to give adequate information (for example, full name, address, date of birth, NHS number) and you will be required to provide ID before any information is released to you.

If you think anything in factually inaccurate or incorrect, please let us know.

 

Can anyone else see my medical records?

Not unless you give your written consent for this to happen.

On a daily basis, we get requests from insurance companies to either have copies of medical records or excerpts from patients’ medical records. This requires your signed consent as it has not been requested to treat / care for you.

Occasionally, we are asked for information from the records for legal reasons; again, this has to be done with your written consent, or in very exceptional cases, by court order.

 

Retention period

The data will be retained in line with the law and national guidance. Further information can be found by using the following link:
https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016

 

Right to complain

You have the right to complain to the Information Commissioners Office, you can use the following link:
https://ico.org.uk/global/contact-us/

Or by contacting their helpline: 0303 123 1113 (local rate) or 01625 545 745 (national rate)

 

South West Child Health Information Service (CHIS)

Screening, physical examination and vaccination services are monitored to ensure that every child has access to all relevant health-promoting initiatives. In support of this the CHIS maintains a record of all children from birth up to the age of 19 and receives data from General Practice, maternity departments, health visitor providers, screening providers and School age vaccination providers.

We will keep information about all children to ensure we deliver a safe and quality service. The service is maintained by Health Intelligence Ltd an NHS Business Partner contracted by the NHS to deliver this service. In support of child services, this data is shared with healthcare professionals involved in delivering NHS services to children:

  • GP Practices
  • Newborn (Neonatal) Hearing Screening
  • Newborn Blood Spot
  • Independent Midwives
  • Safeguarding Team
  • Local Education Authority
  • School Immunisation Providers (SIPs)
  • 0-19 Services (Health Visitor Providers)
  • Maternity Departments
  • Other CHISs located outside the region

 

Who has access to your personal data?

The CHIS engages Synertec Ltd, a letter dispatch service to issue newborn blood spot result letters. Access is only for a short period of time to allow letter printing and dispatch to occur. If you have any questions regarding CHIS please speak to the practice manager or visit www.swchis.co.uk

 

Any questions

If you have any questions regarding the practices Fair Processing Privacy notice, please
speak to a receptionist. If necessary, they will arrange for another member of the team to contact you.

 

We hold your records in STRICT CONFIDENCE
KEEP IT CONFIDENTIAL!!!

 

Updated May 2018

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