GDPR and Privacy Notices
GDPR - How does this effect you?
The General Data Protection Regulation (GDPR) is the new EU legislation to protect the personal data of all EU Citizens and came into force on the 25th of May 2018. For information on how we use your personal data please refer to the Patient Privacy Notice below:-
Patient Privacy Notice
How we use your personal information
This notice explains why the GP practice collects information about you and how that information may be used.
Health care professionals who provide you with care maintain records about your health and any treatment or care you have received previously (e.g. NHS Trust, GP Surgery, Walk-in clinic, etc.). These records are used to help to provide you with the best possible healthcare. NHS health care records may be electronic, on paper or a mixture of both, and we use a combination of working practices and technology to ensure that your information is kept confidential and secure. Records this GP Practice hold about you may include the following information;
• Details about you, such as your name, address, carers, legal representatives and emergency contact details
• Any contact the surgery has had with you, such as appointments, clinic visits, emergency appointments, etc.
• Notes and reports about your health
• Details about your treatment and care
• Results of investigations such as laboratory tests, x-rays, etc.
• Relevant information from other health professionals, relatives or those who care for you
To ensure you receive the best possible care, your records are used to facilitate the care you receive. Information held about you may be used to help protect the health of the public and to help us manage the NHS. Information may be used within the GP practice for clinical audit to monitor the quality of the service provided.
Some of this information will be held centrally and used for statistical purposes. Where we do this, we take strict measures to ensure that individual patients cannot be identified. Sometimes your information may be requested to be used for research purposes – the surgery will always gain your consent before releasing the information for this purpose.
Risk stratification data tools are increasingly being used in the NHS to help determine a person’s risk of suffering a particular condition, preventing an unplanned or (re)admission and identifying a need for preventive intervention. Information about you is collected from a number of sources including NHS Trusts and from this GP Practice. A risk score is then arrived at through an analysis of your de-identified information using software and is only provided back to your GP as data controller in an identifiable form. Risk stratification enables your GP to focus on preventing ill health and not just the treatment of sickness.
If necessary your GP may be able to offer you additional services. Please note that you have the right to opt out of your data being used in this way.
National Data Opt-Out Programme - How the NHS and care services use your information
Sunnyside Surgery is one of many organisations working in the health and care system to improve care for patients and the public.
Whenever you use a health or care service, such as attending Accident & Emergency or using Community Care services, important information about you is collected in a patient record for that service. Collecting this information helps to ensure you get the best possible care and treatment.
The information collected about you when you use these services can also be used and provided to other organisations for purposes beyond your individual care, for instance to help with:
improving the quality and standards of care provided
research into the development of new treatments
preventing illness and diseases
- planning services
This may only take place when there is a clear legal basis to use this information. All these uses help to provide better health and care for you, your family and future generations. Confidential patient information about your health and care is only used like this where allowed by law.
Most of the time, anonymised data is used for research and planning so that you cannot be identified in which case your confidential patient information isn’t needed.
You have a choice about whether you want your confidential patient information to be used in this way. If you are happy with this use of information you do not need to do anything. If you do choose to opt out your confidential patient information will still be used to support your individual care.
To find out more or to register your choice to opt out, please visit www.nhs.uk/your-nhs-data-matters. On this web page you will:
- See what is meant by confidential patient information
- Find examples of when confidential patient information is used for individual care and examples of when it is used for purposes beyond individual care
- Find out more about the benefits of sharing data
- Understand more about who uses the data
- Find out how your data is protected
- Be able to access the system to view, set or change your opt-out setting
- Find the contact telephone number if you want to know any more or to set/change your opt-out by phone
- See the situations where the opt-out will not apply
You can also find out more about how patient information is used at:
https://www.hra.nhs.uk/information-about-patients/ (which covers health and care research); and
https://understandingpatientdata.org.uk/what-you-need-know (which covers how and why patient information is used, the safeguards and how decisions are made)
You can change your mind about your choice at any time.
Data being used or shared for purposes beyond individual care does not include your data being shared with insurance companies or used for marketing purposes and data would only be used in this way with your specific agreement.
Health and care organisations have until 2020 to put systems and processes in place so they can be compliant with the national data opt-out and apply your choice to any confidential patient information they use or share for purposes beyond your individual care. Our organisation is currently compliant with the national data opt-out policy.
The Practice may conduct Medicines Management Reviews of medications prescribed to its patients. This service performs a review of prescribed medications to ensure patients receive the most appropriate, up to date and cost effective treatments. This service is provided to practices within Cornwall through Kernow Clinical Commissioning Group.
How do we maintain the confidentiality of your records?
We are committed to protecting your privacy and will only use information collected lawfully in accordance with:
• Data Protection Act 1998 and General Data Protection Regulation 2016
Human Rights Act 1998
• Common Law Duty of Confidentiality
• Health and Social Care Act 2012
• NHS Codes of Confidentiality, Information Security and Records Management
• Information: To Share or Not to Share Review
Every member of staff who works for an NHS organisation has a legal obligation to keep information about you confidential.
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), where the law requires information to be passed on and / or in accordance with the new information sharing principle following Dame Fiona Caldicott’s information sharing review (Information to share or not to share) where “The duty to share information can be as important as the duty to protect patient confidentiality.” This means that health and social care professionals should have the confidence to share information in the best interests of their patients within the framework set out by the Caldicott principles. They should be supported by the policies of their employers, regulators and professional bodies.
Who are our partner organisations?
We may also have to share your information, subject to strict agreements on how it will be used, with the following organisations;
• NHS Trusts / Foundation Trusts
• NHS Commissioning Support Units
• Independent Contractors such as dentists, opticians, pharmacists
• Private Sector Providers
• Voluntary Sector Providers
• Ambulance Trusts
• Clinical Commissioning Groups
• Social Care Services
• Health and Social Care Information Centre (HSCIC)
• Local Authorities
• Education Services
• Fire and Rescue Services
• Police & Judicial Services
• Voluntary Sector Providers
• Private Sector Providers
• Other ‘data processors’ which you will be informed of
You will be informed who your data will be shared with and in some cases asked for explicit consent for this happen when this is required. We may also use external companies to process personal information, such as for archiving purposes. These companies are bound by contractual agreements to ensure information is kept confidential and secure.
We're excited to share news of our partnership with seasoned NIHR CRN (National Institute for Health Research Clinical Research Network) experts, seamlessly integrated into our practice team. In the pursuit of advancing medical research, these professionals, alongside our practice team, may access your patient record for pre-consented activities. This involves identifying potential eligibility for research opportunities and supporting recruitment and follow-up for clinical trials. This process operates under the lawful bases of Article 6 (public task) and Article 9 (substantial public interest) of the GDPR. Be assured, that your privacy and data security are rigorously safeguarded. This collaboration also supports NIHR and NHS's pursuit in improving equality to access research. Any eligible individuals will be contacted by the practice, and their consent will be requested before any further processing takes place.
Access to personal information
You have a right under the Data Protection Act 1998 to request access to view or to obtain copies of what information the surgery holds about you and to have it amended should it be inaccurate. In order to request this, you need to do the following:
• Your request must be made in writing to the Practice Manager – for information from the hospital you should write direct to them
• There may be a charge to have a printed copy of the information held about you if the request is deemed ‘excessive’
• We are required to respond to you within one month
• You will need to provide two forms of identification including one photo ID (ie passport or driving licence) and one form proving proof of address (utility bill) so that records can be verified and your records located
Objections / Complaints
Should you have any concerns about how your information is managed at the GP, please contact the Practice Manager. If you are still unhappy following a review by the GP practice, you can then complain to the Information Commissioners Office (ICO) via their website (www.ico.gov.uk).
If you are happy for your data to be extracted and used for the purposes described in this privacy notice then you do not need to do anything. If you have any concerns about how your data is shared then please contact the practice.
You can manage your choices online at www.your-data-matters.service.nhs.uk
Change of Details
It is important that you tell the person treating you if any of your details such as your name or address have changed or if any of your details such as date of birth is incorrect in order for this to be amended. You have a responsibility to inform us of any changes so our records are accurate and up to date for you.
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.
This information is publicly available on the Information Commissioners Office website www.ico.org.uk
The practice is registered with the Information Commissioners Office (ICO).
Who is the Data Controller?
The Data Controller, responsible for keeping your information secure and confidential is:
Sunnyside Surgery, St Clare Medical Centre, St Clare Street, Penzance TR18 3DX
Who is the Data Protection Officer?
Umar Sabat - Data Protection Officer for Cornwall GP Practices
Should you have any concerns about how your information is managed by the Practice please contact the Practice Manager, at the following address:
Sunnyside Surgery , St Clare Medical Centre, St Clare Street, Penzance TR18 3DX
If you are still unhappy following a review by the Practice you can then complain to the Information Commissioners Office (ICO). www.ico.org.uk, firstname.lastname@example.org, telephone: 0303 123 1113 (local rate) or 01625 545 745
All Patients or Companies requesting to see medical records will need to complete a Subject Access form which can be obtained from the practice reception or in the link attached. The request will then be processed and actioned accordingly.
Targeted Lung Health Check Programme Privacy Notice
Privacy Notice – Lung Health Check
Peninsula Cancer Alliance have been selected to take part in the National Targeted Lung Health Checks pilot. The aim of the pilot is to identify lung cancers at an earlier stage that is evidenced to result in better outcomes. It follows successful trials in Manchester, Liverpool, and Nottingham. During the Manchester trial, 65% of lung cancers were diagnosed at stage 1 and 13% at stage 4, compared to 18% at stage 1 and 48% at stage 4 before the trial.
Please read this Privacy Notice carefully as it sets out the basis on which any personal data we process will be handled. This Notice sets out the types of personal data that we collect about you and will explain how and why your personal data is used. We will also explain how long your data will be kept and when, why and with whom your data may be shared.
The Notice sets out the legal basis we have for processing your personal data and explains the effects of refusing to provide the personal data requested. We will also explain the various rights and choices that you have when it comes to your personal data and how you can contact us.
What personal data do we collect about you and where from?
Information from your telephone triage appointment, nurse appointment and possible CT scan and your GP Practice will be kept on a register of people who meet the eligibility criteria to provide this service and monitor your needs and the quality of care provided. The register holds your full name, NHS number, gender, date of birth, ethnic group, phone numbers, correspondence addresses, and details of your GP Practice, as well as details of your medical record related to your lung health.
Who do we share your personal data with?
The Lung Health Check Service will keep information about you and your lung care to ensure we deliver a safe and quality service. The register is maintained by InHealth Ltd and their subsidiary, InHealth Intelligence, both companies are NHS Business Partners contracted by the NHS to deliver this service.
If you are eligible for a CT scan, your images will be securely transferred directly to Aidence, a sub-contracted automated lung nodule detection tool, then onto Heart & Lung Health (HLH) a sub-contracted Radiologist reporting service and then communicated to InHealth and the Kernow Hospital Trust Radiology departments. InHealth will issue the results to you directly via letter.
Dispatch of Invitation and Result Letters
To send appointment and result letters, InHealth use letter dispatch services provided by Synertec Ltd and iMail (formerly UK Mail) who securely print and dispatch our letters via Royal Mail business class. The letter information is only retained for a short period which allows printing and dispatch. Once dispatched, data is retained for 90 days to allow for monitoring of service performance and is deleted afterwards.
Gov.uk Notify Service
Gov.uk Notify provides a text messaging service which is used by InHealth to send text messages to patients in relation to their appointments. To support this, your mobile telephone number and time/venue of your appointments is shared with Gov.uk Notify. This data is used only for this purpose and is retained for a short period to allow for monitoring of service performance.
How long do we keep your personal data for?
We will keep your information for the length of the contract of the Kernow Targeted Lung Health Check service. After this time, we (including Aidence and HLH) will securely transfer your data and images to the new provider under instruction from the NHS Commissioner, then delete all personal data in a secure manner.
Who has access to your personal data?
The security arrangements that protect your privacy ensure that your data is only accessed by staff involved in the delivery of the Lung Health Check Service, and healthcare professionals involved in your care working for InHealth, Aidence, HLH or the NHS and only for the purposes of direct care.
How will we communicate with you?
We will communicate with you via letter and text (SMS) message regarding your Lung Health Check. If you wish to talk to us about your communication preferences, please call the Bookings Office.
What legal basis do we have for using your information?
InHealth have been commissioned by the Peninsula Cancer Alliance to deliver this service in support of your direct patient care. Patients are referred to the service via your GP Practice. If you are eligible for a CT scan the images will be provided to Aidence, HLH and the local Hospital Trusts and we will provide results back to your GP Practice and yourself. If you do not qualify for a CT scan, we will provide the results to your GP Practice and in writing to yourself.
How do we protect your information?
We aim to ensure all personal data is held and processed in a secure way and we only let healthcare professionals who have a legitimate interest in your care access to your data. Examples of our security include:
- Encryption – meaning that the information is hidden so that it cannot be read without special knowledge (such as a password)
- Controlling access to systems and networks, this allows us to stop people who are not allowed to see your data from accessing it
- Controlling access for different user roles, so only certain data required for a specific role is accessible
- Training our staff to ensure they know how to responsibly and securely handle data including how and when to report if something goes wrong
- Regular testing of our technology including keeping up-to-date on the latest security updates.
No personal data will be transferred outside the UK.
Can you access the information we hold?
Of course, please email the Data Protection Officer (details below) to request a Subject Access Request Form.
Where can I get further information?
If you have any queries or concerns about how we handle your personal data, please contact:
Mr Michael Pennington (Data Protection Officer)
InHealth Intelligence, Unity House, Road Five, Winsford Industrial Estate, Winsford, Cheshire,
Telephone: 01270 765124
For independent advice about data protection, privacy and data sharing issues, the Information Commissioners Officer (ICO) are always happy to help:
Information Commissioner’s Office
Wycliffe House, Water Lane
Wilmslow, Cheshire, SK9 5AF
Telephone: 0303 123 1113 (local rate) or 01625 545 745 (national rate)