Direct Care – (routine care and referrals)
Wye Surgery 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 NHS Digital and NHS England, a national organisation which has legal responsibilities to collect NHS data.
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.
1. Data Controller - Contact Details
Tanya Butler - Data Quality & Improvement Manager
Kent TN25 5AY
Telephone: 01233 884 585
2. Data Protection Officer - Contact Details
Dr Andrew Ervine - GP Data Protection Officer
NHS Kent & Medway
2nd Floor, Gale House
Lower Stone Street
Kent ME15 6NB
3. Purpose of the Processing
Direct Care is care delivered to the individual alone, most of which is provided in the surgery. After a patient agrees to a referral for direct care elsewhere, such as a referral to a specialist in a hospital, necessary and relevant information about the patient, their circumstances and their problem will need to be shared with the other healthcare workers, such as specialist, therapists, technicians etc.
The information that is shared is to enable the other healthcare workers to provide the most appropriate advice, investigations, treatments, therapies and or care.
4. Lawful Basis for Processing
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”
5. 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. This will include but is not exclusively East Kent Hospitals University Trust.
6. 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.
7. 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.
8. Retention Period
The data will be retained in line with the law and national guidance.
9. Right to Complain
You have the right to complain to the Information Commissioner’s Office (ICO).
There are National Offices for Scotland, Northern Ireland and Wales, (see ICO website)
Common Law Duty of Confidentiality
“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.
Privacy Notice exceprt as a member of the Mid Kent Primary Care Network("MK PCN")
We belong to the Mid Kent Primary care network (“MK PCN”) which is a group of GP practices in the Mid Kent area (a patient centered organisation), working collaboratively and developing closer integration with other partners across health, social and third sector partners to facilitate an enhanced delivery of health and care services across the Mid Kent areas.
Operating as a centralised hub in the community, the Mid Kent PCN provide direct health and care services such as extended hours access to the GP service, minor illness service, home visits, women clinic, first contact physiotherapy, mental health practitioner and other services that may be added from time to time across Mid Kent and environs.
If you visit or receive treatment/consultation on any of these services, personal data concerning your GP medical record may be shared with the PCN and their Multidisciplinary Team (MDT) in order to enable them make the best informed decision about your health/care needs, and provide you with the best possible care.
The source of the information shared in this way is your electronic GP record that the PCN can read to provide you healthcare. Any information you provide when seen at the PCN level will also be fully sent back to your GP record for completeness.
Data Retention Period
All records held by the Practice and/or your PCN will be kept for the duration specified in the Records Management Codes of Practice for Health and Social Care
The processing of personal data is permitted under the following UK GDPR and DPA conditions:
The processing of special categories of personal data concerning health is permitted under the following UK GDPR and DPA conditions:
In accordance with DPA Schedule 1, Part 1, (2) health or social care purposes means the purposes of preventive or occupational medicine; medical diagnosis; the provision of health care or treatment; the provision of social care, or the management of health care systems or services or social care systems or services.
You have the right to:
- To access, view or request copies of your personal information;
- request rectification of any inaccuracy in your personal information;
- restrict the processing of your personal information where:
- accuracy of the data is contested,
- the processing is unlawful or,
- where we no longer need the data for the purposes of the processing.
Right to object: In line with the UK GDPR Article 21, you have a general right to raise an objection to the processing of your personal data in some particular circumstances. This right only applies where we cannot demonstrate compelling legitimate grounds for continued processing of your personal data for the purposes of direct provision of care, and compliance with a legal obligation to which we are subject.
If you wish to exercise any of your rights please contact your GP Practice (data controller) or the DPO and your request will be carefully considered.
Right to complain: If you are dissatisfied with the way your GP Practice process your data, please contact your GP practice directly in the first instance via the ‘Contact Us’ section on our website.
You can also contact the PCN via Kmicb.email@example.com for strictly PCN related enquiries.
You also have the right to appeal/complain to the Information Commissioner’s Office (IC0). The IC0 can be contacted at:
Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire
Tel: 0303 123 1113 or 01625 545 745
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