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Mayfield Medical Centre

Mayfield Medical Centre

national health service

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Mayfield Medical Centre - Privacy Notice

 

This privacy notice explains why Mayfield Medical Centre collects information about you, how we keep it safe and confidential, and how that information may be used.

Mayfield Medical Centre places privacy and data protection at the heart of all its processing.

updated: 2/12/18

 


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 within any NHS organisation. These records help to provide you with the best possible healthcare. 

 

We collect and hold data for the sole purpose of providing healthcare services to our patients. In carrying out this role we may collect information about you which helps us respond to your queries or secure specialist services.

 

We may keep your information in written form and/or in digital form. The records may include basic details about you, such as your name and address. They may also contain more sensitive information about your health and information such as outcomes of needs assessments. 


Details we collect about you 

The health care professionals who provide you with care maintain records about your health and any treatment or care you have received previously or elsewhere (e.g. NHS Hospital Trust, other GP Surgery, Out of Hours GP Centre, A&E, Walk-in clinic, etc.). These records help to provide you with the best possible healthcare. 

 

Records which we may hold about you may include the following: 

  1. Details about you, such as your address and next of kin, emergency contacts, carers and those you authorise to collect prescriptions (and other such items) on your behalf
  2. Any contact the surgery has had with you, such as appointments, clinic visits, immunisations, emergency appointments, etc.
  3. Notes and reports about your health
  4. Details about your treatment and care
  5. Results of investigations, such as laboratory tests, x-rays, etc.
  6. Relevant information from other health professionals, relatives or those who care for you (including that provided via our surgery website)


How we keep your information confidential and safe
All your GP NHS health records are kept electronically. Our GP records database is hosted by EMIS Health Ltd, who is acting as a data processor, and all information is stored on their secure servers in Leeds, is protected by appropriate security, and access is restricted to authorised personnel. 

 

Third party processors

In order to deliver the best possible service, the practice will share data (where required) with other NHS bodies such as other GP practices and hospitals. In addition the practice will use carefully selected third party service providers. When we use a third party service provider to process data on our behalf then we will always have an appropriate 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 third parties includes:

  • 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; document management services etc.
  • Delivery services (for example if we were to arrange for delivery of any medicines to you).
  • Payment providers (if for example you were paying for a prescription or a service such as travel vaccinations).

 

 

(* A data processor acting on our behalf, EMIS Health, is changing certain technical aspects of the way in which it delivers services to us, and as part of this transition it will be moving the data which it hosts on our behalf from its own data centre to a third party data centre, which is owned and operated by Amazon Web Services (AWS).

Delivery of the services is subject to the terms of the GP Systems of Choice Framework (GPSOC) which is managed by NHS Digital on behalf of the Secretary of State for Health.   With regard to questions of security we are aware that the National Cyber Security Centre has issued guidance on cloud security - https://www.ncsc.gov.uk/collection/cloud-security and we understand that the relevant service provider in this instance (AWS) operates at the very highest levels of security (details of which are set out at https://aws.amazon.com/security/).

 

 

We also make sure that data processors that support us are legally and contractually bound to operate and prove security arrangements are in place where data that could or does identify a person are processed.

 

We only email you, or use your mobile number to text you, regarding matters of medical care, such as appointment reminders and (if appropriate) test results. Unless you have separately given us your explicit consent, we will not email you for non-medical matters (such as surgery newsletters and other information).

We maintain our duty of confidentiality to you always. We will only ever use or pass on information about you if others involved in your care have a genuine need for it. We will not disclose your information to any third party without your permission unless there are exceptional circumstances (i.e. life or death situations), or where the law requires information to be passed on.


How we use information about you

Confidential patient data will be shared within the healthcare team at the practice, including nursing staff, admin staff, secretaries and receptionists, and with other healthcare professionals to whom a patient is referred. Those individuals have a professional and contractual duty of confidentiality.

 

Details of who is authorised to access your GP record can be found in our “Your Medical Records” section.


Data Processors

Mayfield Medical Centre uses data processors to perform certain administrative tasks for us, particularly where these involve large numbers of patients. Details of these data processors can be found in our “Your Medical Records” section.


Referrals for specific health care purposes

We sometimes provide your information to other organisations for them to provide you with medical services. We will always inform you of such a referral and you always have the right not to be referred in this way. These include:

  1. Referrals for home oxygen services (“HOOF”)
  2. Referrals for Diabetes dietary advice (“DESMOND”)
  3. Referrals for Diabetes Eye Screening (DRS)
  4. Referrals for Prediabetes advice (“Healthier You”)


Data Sharing Schemes

A number of data sharing schemes are active locally, enabling healthcare professionals outside of the surgery to view information from your GP record, with your explicit consent, should that need arise.

 

These schemes are as follows:

  1. The National Summary Care Record (SCR)
  2. The Hampshire Health Record (HHR, or CHIE)
  3. EMIS Web data streaming (A&E and GP out of hours)
  4. Remote Consultations (GP out of hours)
  5. Adastra Web Access (GP out of hours)
  6. IBIS (Ambulance service)
  7. Symphony (Frimley Park Hospital A&E)

 

Details of these schemes, and of your right to opt-out of any or all of them, can be found in our “Your Medical Records” section.

 

Mandatory disclosures of information

We are sometimes legally obliged to disclose information about patients to relevant authorities. In these circumstances, the minimum identifiable information that is essential to serve that legal purpose will be disclosed.

 

That organisation will also have a professional and contractual duty of confidentiality. Data will be anonymised if at all possible before disclosure if this would serve the purpose for which the data is required.

 

Organisations that we are sometimes obliged to release information to include:

  1. NHS Digital (e.g. the National Diabetes Audit)
  2. CQC
  3. DVLA
  4. GMC
  5. HMRC
  6. NHS Counter Fraud
  7. Police
  8. The Courts
  9. Public Health England
  10. Local Authorities (Social Services)
  11. The Health Service Ombudsman


In the event of actual or possible legal proceedings, we may need to disclose information from an individual’s GP record to a medical defence organisation.


Permissive disclosures of information

Only with your explicit consent, Mayfield Medical Centre can release information about you, from your GP record, to relevant organisations. These may include:

  1. Your employer
  2. Insurance companies
  3. Solicitors
  4. Local Authorities
  5. Police


Accessing your information on other databases

Mayfield Medical Centre can access certain medical information about you, when relevant or necessary, that is held on other databases (i.e. under the control of another data controller). These include Frimley Park Hospital databases and NHS Digital’s Open Exeter database. Accessing such information would only be for your direct medical care.


Research

Mayfield Medical Centre sometimes undertakes accredited research projects. Where this involves accessing identifiable patient information, we will only do so with the explicit consent of the individual and Research Ethics Committee approval. 

 

Mayfield Medical Centre  is not currently involved with other research projects such as the Clinical Practice Research Database (CPRD) or QResearch, and we do not permit secondary processing (e.g. for research or "analytics") of our patients’ information uploaded to the Hampshire Health Record.


Your right to opt-out of sharing your information

You have the right to opt-out (or object) to ways in which your information is shared, both for direct medical care purposes (such as the national NHS data sharing schemes), i.e. primary uses of your information, or for purposes other than your direct medical care – so called secondary uses.

 

Details of these purposes, and how you can opt out, can be found in our “Your Medical Records” section.


Accessing your own medical information

You have the right to access your own GP record. Details of how to do this can be found in our “Your Medical Records” section.

 

You can also sign up to have secure online access to your electronic GP record. Again, details of how to do this can be found in our “Your Medical Records” section.


Lawful bases for processing and the EU GDPR

Detailed information (individual privacy notices) about all our data processing activities, including lawful bases, can be found on our website, upon request from the surgery, or from our Data Protection Officer


We rely upon Article 6(1)(e) Official Authority and Article 9(2)(h) Provision of Health for much of our processing, in particular:

 

  1. Maintaining your electronic GP record
  2. Sharing information from, or allowing access to, your GP record, for healthcare professionals involved in providing you with medical care
  3. Referrals for specific health care purposes
  4. The NHS data sharing schemes
  5. Our data processors
  6. Organising your prescriptions, including sending both paper and electronic prescriptions to your chosen pharmacy
  7. Some permissive disclosures of information
  8. Accessing your information on other NHS organisation databases

 

We rely upon Article 6(1)(d) Vital Interests and Article 9(2)(h) Provision of Health to share information about you with another healthcare professional in a medical emergency.

 

We rely upon Article 6(1)(c) Legal Obligation and Article 9(2)(h) Provision of Health for mandatory disclosures of information (such as to NHS Digital, CQC).

 

We rely upon Article 6(1)(a) Consent and Article 9(2)(h) Provision of Health for certain permissive disclosures of information (such as to insurance companies).

 

We rely upon Article 6(1)(e) Official Authority and Article 9(2)(j) Research for accredited research undertaken in the surgery, with your explicit consent.


Notification

The Data Protection Act 1998 requires organisations to register a notification with the Information Commissioner to describe the purposes for which they process personal and sensitive information.

 

We are registered as a data controller and our registration can be viewed online in the public register at:  https://ico.org.uk/ESDWebPages/Entry/Z5824174

 

Mental Health

“This Practice works alongside Surrey and Borders Partnership NHS Foundation Trust (SABP) who provide the GP Integrated Mental Health Service (MHICS) from within our GP Practice.  If you and your GP agree that you would benefit from the MHICS, you will be referred to the service. 

 

 

The clinicians employed by SABP that are responsible for providing treatment under the MHICS will have access to your GP record in order to provide the best care to you.  For more information about the MHICS see: https://www.sabp.nhs.uk/application/files/6515/8919/0608/CMHTP_-_MHICS_MHICS_Privacy_Notice_v1.0.pdf

 

General Practice Transparency Notice for GPES Data for Pandemic Planning and Research (COVID-19)

This practice is supporting vital coronavirus (COVID-19) planning and research by sharing your data with NHS Digital.

The health and social care system is facing significant pressures due to the coronavirus (COVID-19) outbreak. Health and care information is essential to deliver care to individuals, to support health, social care and other public services and to protect public health. Information will also be vital in researching, monitoring, tracking and managing the coronavirus outbreak. In the current emergency it has become even more important to share health and care information across relevant organisations. This practice is supporting vital coronavirus planning and research by sharing your data with NHS Digital, the national safe haven for health and social care data in England. 

Our legal basis for sharing data with NHS Digital

NHS Digital has been legally directed to collect and analyse patient data from all GP practices in England to support the coronavirus response for the duration of the outbreak. NHS Digital will become the controller under the General Data Protection Regulation 2016 (GDPR) of the personal data collected and analysed jointly with the Secretary of State for Health and Social Care, who has directed NHS Digital to collect and analyse this data under the COVID-19 Public Health Directions 2020 (COVID-19 Direction).

 

All GP practices in England are legally required to share data with NHS Digital for this purpose under the Health and Social Care Act 2012 (2012 Act). More information about this requirement is contained in the data provision notice issued by NHS Digital to GP practices.

 

Under GDPR our legal basis for sharing this personal data with NHS Digital is Article 6(1)(c) - legal obligation. Our legal basis for sharing personal data relating to health, is Article 9(2)(g) – substantial public interest, for the purposes of NHS Digital exercising its statutory functions under the COVID-19 Direction.

The type of personal data we are sharing with NHS Digital

The data being shared with NHS Digital will include information about patients who are currently registered with a GP practice or who have a date of death on or after 1 November 2019 whose record contains coded information relevant to coronavirus planning and research. The data contains NHS Number, postcode, address, surname, forename, sex, ethnicity, date of birth and date of death for those patients. It will also include coded health data which is held in your GP record such as details of:

  1. diagnoses and findings
  2. medications and other prescribed items
  3. investigations, tests and results
  4. treatments and outcomes
  5. vaccinations and immunisations

How NHS Digital will use and share your data

NHS Digital will analyse the data they collect and securely and lawfully share data with other appropriate organisations, including health and care organisations, bodies engaged in disease surveillance and research organisations for coronavirus response purposes only. These purposes include protecting public health, planning and providing health, social care and public services, identifying coronavirus trends and risks to public health, monitoring and managing the outbreak and carrying out of vital coronavirus research and clinical trials. The British Medical Association, the Royal College of General Practitioners and the National Data Guardian are all supportive of this initiative.

NHS Digital has various legal powers to share data for purposes relating to the coronavirus response. It is also required to share data in certain circumstances set out in the COVID-19 Direction and to share confidential patient information to support the response under a legal notice issued to it by the Secretary of State under the Health Service (Control of Patient Information) Regulations 2002 (COPI Regulations).

 

Legal notices under the COPI Regulations have also been issued to other health and social care organisations requiring those organisations to process and share confidential patient information to respond to the coronavirus outbreak. Any information used or shared during the outbreak under these legal notices or the COPI Regulations will be limited to the period of the outbreak unless there is another legal basis for organisations to continue to use the information. 

Data which is shared by NHS Digital will be subject to robust rules relating to privacy, security and confidentiality and only the minimum amount of data necessary to achieve the coronavirus purpose will be shared. Organisations using your data will also need to have a clear legal basis to do so and will enter into a data sharing agreement with NHS Digital. Information about the data that NHS Digital shares, including who with and for what purpose will be published in the NHS Digital data release register.

 

For more information about how NHS Digital will use your data please see the NHS Digital Transparency Notice for GP Data for Pandemic Planning and Research (COVID-19).

National Data Opt-Out

The application of the National Data Opt-Out to information shared by NHS Digital will be considered on a case by case basis and may or may not apply depending on the specific purposes for which the data is to be used. This is because during this period of emergency, the National Data Opt-Out will not generally apply where data is used to support the coronavirus outbreak, due to the public interest and legal requirements to share information.

Your rights over your personal data

To read more about the health and care information NHS Digital collects, its legal basis for collecting this information and what choices and rights you have in relation to the processing by NHS Digital of your personal data, see:

  1. the NHS Digital GPES Data for Pandemic Planning and Research (COVID-19) Transparency Notice
  2. the NHS Digital Coronavirus (COVID-19) Response Transparency Notice
  3. the NHS Digital General Transparency Notice
  4. how NHS Digital looks after your health and care information

 

Data Protection Officer (DPO)

Caroline Sims (Independent person) has been designated as the Data Protection Officer for the surgery – contactable via the Practice Manager


Complaints

If you have concerns or are unhappy about any of our services, please contact the Business Manager. Details of how to complain are available in surgery.

 

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: 08456 30 60 60
Website:www.ico.gov.uk 


Further Information

If you would like any further information about primary or secondary uses of your GP record, opting out, the NHS Databases, access to your medical record, confidentiality, or about any other aspect of NHS data sharing or your medical records, then please do contact the surgery’s Caldicott Guardian / Information Governance lead:

 

 

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