WPCC1 Privacy Notice

 

 WPCC1 GDPR Privacy Statement

 

How Willenhall Primary Care Centre-1 uses your information to provide you with healthcare

 

This practice handles medical records according to the laws on data protection and confidentiality.

We share medical records with health professionals who are involved in providing you with care and treatment. This is on a need to know basis and event by event.

Some of your data is automatically copied to the Shared Care Summary Record / ECS .

We may / do share some of your data with local out of hours / urgent or emergency care service

Data about you is used to manage national screening campaigns such as Flu, Cervical cytology and Diabetes prevention.

Data about you, usually de-identified, is used to manage the NHS and make payments.

We share information when the law requires us to do, for instance when we are inspected or reporting certain illnesses or safeguarding vulnerable people

 

- Your data is used to check the quality of care provided by the NHS.

- We may also share medical records for medical research

 

 

 

Privacy Notice 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 [Insert name of relevant body eg NHS Digital, NHS Wales Information Services, Business Services Organisation or NHS National Services Scotland],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.

 

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...’.

 

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.

 

  • UHCW

  • WARWICK HOSPITAL

  • RUGBY SAINT CROSS HOSPITAL

  • GEORGE ELLIOT

  • BIRMINGHAM CHILDREN HOSPITAL

 

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. 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, 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)

 

* “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; and

  • Where there is a legal duty to do so, for example a court order.

 

 

Data Controller contact details

 

Willenhall Primary Care Centre-1

Remembrance Road,

Willenhall

Coventry

CV3 3DG

Telephone 02476 302082

Data Protection Officer contact details

 

Mr Mohammed Sheikh - Practice manager

Willenhall Primary Care Centre-1

Remembrance Road,

Willenhall

Coventry

CV3 3DG

Telephone 02476 302082

Purpose of the processing

 

·         To give direct health or social care to individual patients.

·         For example, when a patient agrees to a referral for direct care, such as to a hospital, relevant information about the patient will be shared with the other healthcare staff to enable them to give appropriate advice, investigations, treatments and/or care.

·         To check and review the quality of care. (This is called Audit and clinical governance).

Lawful basis for processing

 

These purposes are supported under the following sections 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...” 

 

Healthcare staff will also respect and comply with their obligations under the common law duty of confidence.  

Recipient or categories of recipients of the processed data

 

The data will be shared with:

·         healthcare professionals and staff in this surgery;

·         local hospitals;

·         out of hours services;

·         diagnostic and treatment centres;

·         or other organisations involved in the provision of direct care to individual patients.

 

Rights to object

 

·         You have the right to object to information being shared between those who are providing you with direct care.

 

·         This may affect the care you receive – please speak to the practice.

 

·         You are not able to object to your name, address and other demographic information being sent to NHS Digital.

 

·         This is necessary if you wish to be registered to receive NHS care.

 

·         You are not able to object when information is legitimately shared for safeguarding reasons.

 

·         In appropriate circumstances it is a legal and professional requirement to share information for safeguarding reasons. This is to protect people from harm.

 

·         The information will be shared with the local safeguarding service Coventry City Council, Children’s Social Care.

www.coventry.gov.uk

 

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 contact the Practice Manager or look at our ‘subject access request’ policy on the practice website –

 

    • 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

 

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.

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Willenhall Primary Care Centre-1, Remembrance Road, Willenhall, Coventry, West Midlands, CV3 3DG
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