Category: privacy

Hartland Surgery – Supplementary Privacy Note on Covid-19

Updated on 8th April 2020

This notice describes how we may use your information to protect you and others during the Covid-19 outbreak. It supplements our main Privacy Notice which is available here.

The health and social care system is facing significant pressures due to the Covid-19 outbreak. Health and care information is essential to deliver care to individuals, to support health and social care services and to protect public health. Information will also be vital in researching, monitoring, tracking and managing the outbreak. In the current emergency it has become even more important to share health and care information across relevant organisations.

Existing law which allows confidential patient information to be used and shared appropriately and lawfully in a public health emergency is being used during this outbreak. Using this law the Secretary of State has required NHS Digital; NHS England and Improvement; Arms Length Bodies (such as Public Health England); local authorities; health organisations and GPs to share confidential patient information to respond to the Covid-19 outbreak. Any information used or shared during the Covid-19 outbreak will be limited to the period of the outbreak unless there is another legal basis to use the data. Further information is available on gov.uk here and some FAQs on this law are available here.

During this period of emergency, opt-outs will not generally apply to the data used to support the Covid-19 outbreak, due to the public interest in sharing information. This includes National Data Opt-outs. However in relation to the Summary Care Record, existing choices will be respected. Where data is used and shared under these laws your right to have personal data erased will also not apply. It may also take us longer to respond to Subject Access requests, Freedom of Information requests and new opt-out requests whilst we focus our efforts on responding to the outbreak.

In order to look after your health and care needs we may share your confidential patient information including health and care records with clinical and non clinical staff in other health and care providers, for example neighbouring GP practices, hospitals and NHS 111. We may also use the details we have to send public health messages to you, either by phone, text or email. During this period of emergency we may offer you a consultation via telephone or video- conferencing. By accepting the invitation and entering the consultation you are consenting to this. Your personal/confidential patient information will be safeguarded in the same way it would with any other consultation.

We will also be required to share personal/confidential patient information with health and care organisations and other bodies engaged in disease surveillance for the purposes of protecting public health, providing healthcare services to the public and monitoring and managing the outbreak. Further information about how health and care data is being used and shared by other NHS and social care organisations in a variety of ways to support the Covid-19 response is here.

NHS England and Improvement and NHSX have developed a single, secure store to gather data from across the health and care system to inform the Covid-19 response. This includes data already collected by NHS England, NHS Improvement, Public Health England and NHS Digital. New data will include 999 call data, data about hospital occupancy and A&E capacity data as well as data provided by patients themselves. All the data held in the platform is subject to strict controls that meet the requirements of data protection legislation.

In such circumstances where you tell us you’re experiencing Covid-19 symptoms we may need to collect specific health data about you. Where we need to do so, we will not collect more information than we require and we will ensure that any information collected is treated with the appropriate safeguards.

We may amend this privacy notice at any time so you may wish to review it frequently. The date at the top of this page will be amended each time this notice is updated.

Hartland Surgery – Privacy Policy

Our Practice keeps medical records confidential and complies with the General Data Protection Regulation. (GDPR)

We hold your medical record so that we can provide you with safe care and treatment.

We will also use your information so that we can check and review the quality of the care we provide. This helps us to improve our services to you.

We will share relevant information from your medical record with other health or social care staff or organisations when they provide you with care.  For example, your GP will share information when they refer you to a specialist in a hospital, or when you are poorly and call upon the Out of Hours service when we are closed.

More information on how we share your information with organisations who are directly involved in your care can be found here:

https://devonccg.nhs.uk/about-us/information-governance

Healthcare staff working in A&E and out of hours care will also have access to your information.  For example, it is important that staff who are treating you in an emergency know if you have any allergic reactions.  This will involve the use of your Summary Care Record. For more information see: https://digital.nhs.uk/services/national-data-opt-out or alternatively speak to your practice.

You have the right to object to information being shared for your own care. Apple-converted-space  Please ask reception for more details. You also have the right to have any mistakes or errors corrected.

You have the right to object to your information being shared under the national data opt-out model. The national data opt-out model provides an easy way for you to opt-out of sharing information that identifies you being used or shared for medical research purposes and quality checking or audit purposes.

To opt-out of your identifiable information being shared for medical research or to find out more about your opt-out choices please ask a member of staff or go to NHS Digital’s website:

https://digital.nhs.uk/services/national-data-opt-out

All patients who receive NHS care are registered on a national database. This database holds your name, address, date of birth and NHS Number but it does not hold information about the care you receive. The database is held by NHS Digital, a national organisation which has legal responsibilities to collect NHS data. More information can be found at: https://digital.nhs.uk/or the phone number for general enquires at NHS Digital is 0300 303 5678

Identifying patients who might be at risk of certain diseases

Your medical records will be searched by a computer programme so that we can identify patients who might be at high risk from certain diseases such as heart disease or unplanned admissions to hospital. This means we can offer patients additional care or support as early as possible. This process will involve linking information from your GP record with information from other health or social care services you have used. Information which identifies you will only be seen by this practice.

More information can be found at www.eclipsesolutions.org or speak to a member of the Practice team.

Safeguarding

Sometimes we need to share information so that other people, including healthcare staff, children or others with safeguarding needs, are protected from risk of harm. These circumstances are rare. We do not need your consent or agreement to do this.

Please see our local policies for more information:

https://devonccg.nhs.uk/about-us/safeguarding

We are required by law to provide you with the following information about how we handle your information.

Data Controller contact details

Hartland Surgery
66 The Square
Hartland
Bideford
Devon EX39 6BL

Data Protection Officer contact details

Bex Lovewell
Data Protection Officer
Delt Shared Services Ltd.
BUILDING 2 – DELT
Derriford Business Park
Plymouth
PL6 5QZ

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;
  • other organisations involved in the provision of direct care to individual patients
  • ECLIPSE data processor

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 have the right to object to your information being shared under the national data opt-out model Apple-converted-space  – please see details listed on Page 1 of this document.

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.

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 look at our Subject Access Request policy on our 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.

Updated Jan 2020. Dr Sam Tapsell