Privacy Notice

Fair Processing Notice (Privacy Notice)

Your Personal Information – what you need to know

Your information, what you need to know

This privacy notice explains why we collect information about you, how that information will be used, how we keep it safe and confidential and what your rights are in relation to this.

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.  These records help to provide you with the best possible healthcare and help us to protect your safety.

We collect and hold data for the purpose of providing healthcare services to our patients and running our organisation which includes monitoring the quality of care that we provide. In carrying out this role we will collect information about you which helps us respond to your queries or secure specialist services. We will keep your information in written form and/or in digital form

Our Commitment to Data Privacy and Confidentiality Issues

As a GP practice, all of our GPs, staff and associated practitioners are committed to protecting your privacy and will only process data in accordance with the Data Protection Legislation.  This includes the General Data Protection Regulation (EU) 2016/679  (GDPR), the Data Protection Act (DPA) 2018, the Law Enforcement Directive (Directive (EU) 2016/680) (LED) and any applicable national Laws implementing them as amended from time to time.  The legislation requires us to process personal data only if there is a legitimate basis for doing so and that any processing must be fair and lawful.

In addition, consideration will also be given to all applicable Law concerning privacy, confidentiality, the processing and sharing of personal data including the Human Rights Act 1998, the Health and Social Care Act 2012 as amended by the Health and Social Care (Safety and Quality) Act 2015, the common law duty of confidentiality and the Privacy and Electronic Communications (EC Directive) Regulations.

Data we collect about you

Records which this GP Practice will hold or share about you will include the following:

 

• ·  Personal Data – means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

 

•  Special Categories of Personal Data – this term describes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation. 

 

•   Confidential Patient Information – this term describes information or data relating to their health and other matters disclosed to another (e.g. patient to clinician) in circumstances where it is reasonable to expect that the information will be held in confidence.  Including both information ‘given in confidence’ and ‘that which is owed a duty of confidence’. As described in the Confidentiality: NHS code of Practice: Department of Health guidance on confidentiality 2003.

• Pseudonymised - The process of distinguishing individuals in a dataset by using a unique identifier which does not reveal their ‘real world’ identity.

 

• Anonymised –  Data in a form that does not identify individuals and where identification through its combination with other data is not likely to take place

 

• Aggregated - Statistical data about several individuals that has been combined to show general trends or values without identifying individuals within the data.

How we use your information

Improvements in information technology are also making it possible for us to share data with other healthcare organisations for the purpose of providing you, your family and your community with better care.  For example it is possible for healthcare professionals in other services to access your record with your permission when the practice is closed.  This is explained further in the Local Information Sharing at Appendix A.

 

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

•             monitoring safety

•             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.

 

A full list of details including the legal basis, any Data Processor involvement and the purposes for processing information can be found in Appendix A.

How long do we hold information for?

All records held by the Practice will be kept for the duration specified by national guidance from NHS Digital, Health and Social Care Records Code of Practice. Once information that we hold has been identified for destruction it will be disposed of in the most appropriate way for the type of information it is. Personal confidential and commercially confidential information will be disposed of by approved and secure confidential waste procedures. We keep a record of retention schedules within our information asset registers, in line with the Records Management Code of Practice for Health and Social Care 2016.

Your right to opt out of data sharing and processing

The NHS Constitution states ‘You have a right to request that your personal and confidential information is not used beyond your own care and treatment and to have your objections considered’. For further information please visit: The NHS Constitution

 

Type 1 Opt Out

This is an objection that prevents an individual's personal confidential information from being shared outside of their general practice except when it is being used for the purposes of direct care, or in particular circumstances required by law, such as a public health emergency like an outbreak of a pandemic disease. If you wish to apply a Type 1 Opt Out to their record they should make their wishes know to the practice manager.

 

National data opt-out

The national data opt-out was introduced on 25 May 2018, enabling patients to opt-out from the use of their data for research or planning purposes, in line with the recommendations of the National Data Guardian in her Review of Data Security, Consent and Opt-Outs.

 

By 2020 all health and care organisations are required to apply national data opt-outs where confidential patient information is used for research and planning purposes. NHS Digital has been applying national data opt-outs since 25 May 2018. Public Health England has been applying national data opt-outs since September 2018.

 

The national data opt-out replaces the previous ‘type 2’ opt-out, which required NHS Digital not to share a patient’s confidential patient information for purposes beyond their individual care. Any patient that had a type 2 opt-out recorded on or before 11 October 2018 has had it automatically converted to a national data opt-out. Those aged 13 or over were sent a letter giving them more information and a leaflet explaining the national data opt-out.  For more information go to National data opt out programme

 

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

Right of Access to your information (Subject Access Request)

Under Data Protection Legislation everybody has the right have access to, or request a copy of, information we hold that can identify you, this includes your medical record, there are some safeguards regarding what you will have access and you may find information has been redacted or removed for the following reasons;

·         Does not cause harm to the patient

·         That legal confidentiality obligations for the non-disclosure of third-party information are adhered to

You do not need to give a reason to see your data. And requests can be made verbally or in writing. Although we may ask you to complete a form in order that we can ensure that you have the correct information you require.

Where multiple copies of the same information is requested the surgery may charge a reasonable fee for the extra copies.

You will need to provide proof of identity to receive this information.

If you would like to access your GP record online click here www.guildowns.nhs.net

 

Covid-19 and your information - Updated April 2020

Privacy note on Covid-19 for Patients and Service Users

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 for patients and service users

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 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 are 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 please review it frequently. The date at the top of this page will be amended each time this notice is updated.

Change of Details

It is important that you tell the surgery if any of your contact details such as your name or address have changed especially if any of your other contacts details are incorrect. It is important that we are made aware of any changes immediately in order that no information is shared in error.

Mobile telephone number

If you provide us with your mobile phone number, we may use this to send you text reminders about your appointments or other health screening information. Please let us know if you do not wish to receive text reminders on your mobile.

Email address

Where you have provided us with your email address, with your consent we will use this to send you information relating to your health and the services we provide.  If you do not wish to receive communications by email please let us know. 

Notification

Data Protection Legislation 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:  http://ico.org.uk/what_we_cover/register_of_data_controllers

Any changes to this notice will be published on our website and in a prominent area at the Practice.

Data Protection Officer

Should you have any data protection questions or concerns, please contact our Data Protection Officer AJ Spinks:  ajspinksltd.surreyheartlandsdpo@nhs.net

What is the right to know?

The Freedom of Information Act 2000 (FOIA) gives people a general right of access to information held by or on behalf of public authorities, promoting a culture of openness and accountability across the public sector.  You can request any non-personal information that the GP Practice holds, that does not fall under an exemption.  You may not ask for information that is covered by the Data Protection Legislation under FOIA.  However you can request this under a right of access request – see section above ‘Access to your information’. 

 

Right to Complaint

If you have concerns or are unhappy about any of our services, please contact Business Manager, Mrs. C. Walker.

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: 0303 123 1113     Website: https://ico.org.uk/global/contact-us

 

 The NHS Care Record Guarantee 

The NHS Care Record Guarantee for England sets out the rules that govern how patient information is used in the NHS, what control the patient can have over this, the rights individuals have to request copies of their data and how data is protected under Data Protection Legislation.

http://systems.digital.nhs.uk/infogov/links/nhscrg.pdf

The NHS Constitution

The NHS Constitution establishes the principles and values of the NHS in England. It sets out the rights patients, the public and staff are entitled to.  These rights cover how patients access health services, the quality of care you’ll receive, the treatments and programs available to you, confidentiality, information and your right to complain if things go wrong.

https://www.gov.uk/government/publications/the-nhs-constitution-for-england

 

Appendix A – The Practice will share your information with these organisations where there is a legal basis to do so.

Activity

Rationale

ICB
Integrated Care Board

Purpose – Anonymous data is used by the ICB for planning and performance as directed in the practices contract.

 

Legal Basis – Contractual

 

Processor – Guildford and Waverley / Surrey Heartlands ICB

Summary Care Record

Purpose - The NHS in England uses a national electronic record called the Summary Care Record (SCR) to support patient care. It contains key information from your GP record. Your SCR provides authorised healthcare staff with faster, secure access to essential information about you in an emergency or when you need unplanned care, where such information would otherwise be unavailable.

 

Legal Basis – Direct Care

 

Please be aware that if you choose to opt-out of SCR, NHS healthcare staff caring for you outside of this surgery may not be aware of your current medications, allergies you suffer from and any bad reactions to medicines you have had, in order to treat you safely in an emergency. Your records will stay as they are now with information being shared by letter, email, phone. If you wish to opt-out of having an SCR please return a completed opt-out form to the practice.

 

Processor – NHS England and NHS Digital

 

Supplementary Privacy Notice for SCR for COVID19

 

The Summary Care Record (SCR) is an electronic record which contains information about the medicines you take, allergies you suffer from, any reactions to medicines you have had, details of the management of long-term conditions, medications, immunisations, care plan information and significant medical history, past and present. It is held on a national database by NHS England. SCR may be shared with other healthcare professionals and organisations involved with your care. These professionals and organisations may also be able to update the record in order to ensure you are provided with the best possible care.

You can opt out of having an SCR, or exclude certain information being shared via the SCR by filling in this form.

 

Further information about the SCR can be found here.

 

Surrey Care Record

Our GP Practice is using the Surrey Care Record.

 

Purpose - The Surrey Care Record is an Electronic Health Record (EHR) linking system that brings together patient/client’s information across health and care systems in a secure manner, giving a summary of

your information which is held within a number of local records.

 

For more information visit: www.surreyheartlands.uk/surrey-care-record-privacy-notice.  You have the right to object to information being shared for your own care. Please speak to the practice if you wish to object. You also have the right to have any mistakes or errors corrected. You can also view the Surrey Care Record web page at www.surreyheartlands.uk/surreycarerecord.

 

Legal Basis – Direct Care

 

Processor – Surrey Care Record

Research

Purpose – We many share personal confidential or anonymous information with research companies. Where you have opted out of having your identifiable information shared for this purpose your information will be removed.

 

Legal Basis – consent is required to share confidential patient information for research, unless there is have support under the Health Service (Control of Patient Information Regulations) 2002 (‘section 251 support’) applying via the Confidentiality Advisory Group in England and Wales

 

Processor – Research Ready, RCGP

Individual Funding Requests

Purpose – We may need to process your personal information where we are required to fund specific treatment for you for a particular condition that is not already covered in our contracts.

 

Legal Basis - The clinical professional who first identifies that you may need the treatment will explain to you the information that is needed to be collected and processed in order to assess your needs and commission your care; they will gain your explicit consent to share this. You have the right to withdraw your consent at any time

 

Data processor – Guildford and Waverley ICB

Safeguarding Adults

Purpose – We will share personal confidential information with the safeguarding team where there is a need to assess and evaluate any safeguarding concerns.

 

Legal Basis - Because of public Interest issues, e.g. to protect the safety and welfare of vulnerable adults, we will rely on a statutory basis rather than consent to process information for this use.

 

Data Processor – Surrey MASH

Safeguarding Children

Purpose – We will share children’s personal information where there is a need to assess and evaluate any safeguarding concerns.

 

Legal Basis - Because of public Interest issues, e.g. to protect the safety and welfare of Safeguarding we will rely on a statutory basis rather than consent to share information for this use.

 

Data Processor – Surrey MASH

Risk Stratification – Preventative Care

Purpose -  ‘Risk stratification for case finding’ is a process for identifying and managing patients who have or may be at-risk of health conditions (such as diabetes) or who are most likely to need healthcare services (such as people with frailty). Risk stratification tools used in the NHS help determine a person’s risk of suffering a particular condition and enable us to focus on preventing ill health before it develops.

Information about you is collected from a number of sources including NHS Trusts, GP Federations and your GP Practice. A risk score is then arrived at through an analysis of your de-identified information.  This can help us identify and offer you additional services to improve your health.

                                                         

If you do not wish information about you to be included in any risk stratification programmes, please let us know. We can add a code to your records that will stop your information from being used for this purpose. Please be aware that this may limit the ability of healthcare professionals to identify if you have or are at risk of developing certain serious health conditions.

 

Type of Data – Identifiable/Pseudonymised/Anonymised/Aggregate Data

 

Legal Basis

GDPR Art. 6(1) (e) and Art.9 (2) (h). The use of identifiable data by ICBs and GPs for risk stratification has been approved by the Secretary of State, through the Confidentiality Advisory Group of the Health Research Authority (approval reference (CAG 7-04)(a)/2013)) and this approval has been extended to the end of September 2020 NHS England Risk Stratification  which gives us a statutory legal basis under Section 251 of the NHS Act 2006 to process data for risk stratification purposes which sets aside the duty of confidentiality. We are committed to conducting risk stratification effectively, in ways that are consistent with the laws that protect your confidentiality.

 

 Processors – RCGP Research and Surveillance Centre

Public Health

Screening programmes (identifiable)

Notifiable disease information (identifiable)

Smoking cessation (anonymous)

Sexual health (anonymous)

 

 

Purpose – Personal identifiable and anonymous data is shared.

The NHS provides national screening programmes so that certain diseases can be detected at an early stage. These currently apply to bowel cancer, breast cancer, aortic aneurysms and diabetic retinal screening service. The law allows us to share your contact information with Public Health England so that you can be invited to the relevant screening programme.

More information can be found at: https://www.gov.uk/topic/population-screeningprogrammes [Or insert relevant link] or speak to the practice

Legal Basis - Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ And Article 9(2)(h) as stated below

 

Data Processors – Surrey and Sussex Health Promotion Team

NHS Trusts

Purpose – Personal information is shared with other secondary care trusts in order to provide you with direct care services. This could be hospitals or community providers for a range of services, including treatment, operations, physio, and community nursing, ambulance service.

 

Legal Basis - 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 as stated below:

 

Processors – Guildford and Waverley ICB

GP Integrated Mental Health Service

Purpose - The Community Mental Health Transformation Programme (CMHTP) and the Surrey Heartlands GP Integrated Mental Health

Service (GPimhs) are designed to deliver support closer to communities by providing services focussed on Primary Care Network

(PCN) populations, building on community assets and involving voluntary sector, housing & social care partners.

The model will improve access to NICE-recommended interventions where required with increased and easy access in and out of

highly specialised psychological therapies for people with Serious Mental Illness.

The patient groups within the scope of the joint processing and sharing arrangements are:

1. Service users in primary care with unmet needs:

a. Not meeting secondary care Community and Mental Health Recovery Services (CMHRS) and Improving Access

to Psychological Therapies (IAPT) criteria, or where patients are not appropriate for IAPT

b. Difficulty accessing the right services

c. Utilise services in potentially chaotic patterns; physical health concerns, medication dependence, substance

misuse, co-morbid physical long-term conditions contributing to poor mental health

d. ‘Held’ by GPs as frequent attenders, absorbing excessive non-medical short-term prop-up interventions;

2. People in secondary care mental health services that can alternatively receive recovery focused services in primary

care:

a. Seamless step-up and step-down as required

b. With potential shared care arrangements for medication. These typically comprise stable psychotic and mood

disorders, and emotionally unstable personality disorder; and

3. Physical health of SMI patients in primary care:

a. Supporting primary care to improve their delivery of physical health checks and facilitating bridging to

evidence based interventions for people on the SMI registers

The approach will remove unhelpful thresholds and barriers through the deployment of a trusted assessor model.

Care can be stepped up and stepped down flexibly without the need for time-consuming referrals and multiple assessments

processes.

Practices working together as Primary Care Networks (PCNs) have employed administrative staff (the “GPimhs Administrators”)

through their respective GP federations to work within the practices as part of the CMHTP GPimhs. GPimhs operates under

Surrey and Borders Partnership NHS Foundation Trust’s (SABP) CQC registration.

 

Legal Basis - Unless a patient has objected to processing or joint processing and sharing and the sharing organisation has accepted the

patient’s objection(s) the legal basis for sharing and viewing the shared records includes provisions of Section 251B of the Health

and Social Care Act 2012 (as amended by the Health and Social Care (Safety and Quality) Act 2015):

2. The sharing organisation must ensure that the information is disclosed to:

(a) persons working for the sharing organisation

(b) any other relevant health or adult social care commissioner or provider with whom the sharing organisation

communicates about the individual; and

3. So far as the sharing organisation considers that the disclosure is:

(a) likely to facilitate the provision to the individual of health services or adult social care in England

(b) in the individual’s best interests.

Unless a patient has objected to processing or joint processing and sharing and the sharing organisation has accepted the

patient’s objection the legal basis for viewing the shared records is also provided by General Data Protection Regulation:

1. Article 6(1)e

“processing is necessary for the performance of a task carried out in the public interest or in the exercise of official

authority vested in the controller”; and

2. Article 9(2)h

“processing is necessary for the purposes of preventive 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, on the basis of Union or Member state laws.”.

3. The ‘official authority’ and the ‘member state laws’ establish the legal bases that organisations rely upon for the need

to share and jointly process data to deliver care.

Where access to confidential data is legitimate, the common law duties of confidentiality are satisfied because consent to view a

patient’s record is implied where the patient concerned agrees to be referred to a service or where the patient concerned refers

themselves or presents to a service.

In general patients are made aware of data sharing either via ‘fair processing notices’, specific discussion with care staff or in

most cases by both methods.

For GPimhs, the individual patients and clients concerned are provided with a GPimhs-specific information leaflet which includes

key processing and privacy notice content

 

Processors - GP Federation, GP clinical system supplier, NHS Digital (for NHS mail), Voluntary Sector and Social Enterprise providers

Care Quality Commission

Purpose – The CQC is the regulator for the English Health and Social Care services to ensure that safe care is provided. They will inspect and produce reports back to the GP practice on a regular basis. The Law allows the CQC to access identifiable data.

 

More detail on how they ensure compliance with data protection law (including GDPR) and their privacy statement is available on our website: https://www.cqc.org.uk/about-us/our-policies/privacy-statement

 

Legal Basis - Article 6(1)(c) “processing is necessary for compliance with a legal obligation to which the controller is subject.” And Article 9(2) (h) as stated below

 

Processors – Care Quality Commission

Patient Record data base

Purpose – Your medical record will be shared, in order that a data base can be maintained and managed in a secure way

 

Legal Basis - Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ And Article 9(2)(h) as stated below

 

Processor – EMIS

Third party processors

In order to deliver the best possible service, the practice will use carefully selected third party service providers. When we use a third party service provider to process data on our behalf, we will always have an appropriate agreement in place to ensure that they keep the data secure, that they do not use or share the information other than in accordance with our instructions and that they operate securely. Examples of functions that may be carried out by third parties include companies that provide;

• IT services and support, including our clinical systems, • systems which manage patient facing services (e.g. our website) • Data hosting service providers, • Systems which facilitate appointment bookings, electronic prescription services, • Document management service

iGPR

Purpose – Your medical record will be shared in order that a report can be provided to agencies such as insurance companies or solicitors

 

Legal Basis – Your consent will be required to share your record for this purpose

 

Processor - iGPR

AccurRX

Purpose – Your anonymous information will be shared in order to optimise your medication within your record. This will enable your GP to provide a more efficient medication regime.

 

Legal Basis - Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ And Article 9(2)(h) as stated below

 

Processor - FDB

Medicines Management Team

Purpose – your medical record is shared with the medicines management team, in order that your medication can be kept up to date and any changes can be implemented.

 

Legal Basis - Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ And Article 9(2)(h) as stated below

 

Processor – Sumra Hussain, PRIMIS

GP Federation

Add services they provide

GP Extended Access

RSCH Community services

Phyllis Tuckwell

RSCH EMIS Portal

COVID19 vaccination

 

Purpose – Your medical record will be shared with the Procare in order that they can provide direct care services to the patient population. This could be in the form of video consultations, Minor injuries clinics, GP extended access clinics.

 

Procare Health GP Federation are providing the local vaccination service to our patients.    As a result of this there may be a requirement for your information to be shared with them if you are eligible for the vaccine. This information will be shared to support your direct care. Those working at the local vaccination service will only normally have access to the information which they need to fulfil their roles.

 

Legal Basis - Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ And Article 9(2)(h) as stated below

 

Processor – Procare

PCN – Guilford and Waverley Prmary Care Networks.

Purpose – Your medical record will be shared with the Guilford and Waverley PCNs  in order that they can provide direct care services to the patient population.

 

Legal Basis - Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ And Article 9(2)(h) as stated below

 

Processor – Guildford and Waverley Practices

Smoking cessation

Purpose – personal information is shared in order for the smoking cessation service to be provided.

 

Legal Basis – consented

 

Processor – North 51

Social Prescribers

Purpose – Access to medical records is provided to social prescribers to undertake a full service to patients dependent on their social care needs. 

Legal Basis – Consented – Patients will only be seen by this service if they have consented.

Processor – Surrey County Council

Payment, Invoice validation

Purpose -  Contract holding GPs in the UK receive payments from their respective governments on a tiered basis. Most of the income is derived from baseline capitation payments made according to the number of patients registered with the practice on quarterly payment days. These amount paid per patient per quarter varies according to the age, sex and other demographic details for each patient. There are also graduated payments made according to the practice’s achievement of certain agreed national quality targets known as the Quality and Outcomes Framework (QUOF), for instance the proportion of diabetic patients who have had an annual review. Practices can also receive payments for participating in agreed national or local enhanced services, for instance opening early in the morning or late at night or at the weekends. Practices can also receive payments for certain national initiatives such as immunisation programs and practices may also receive incomes relating to a variety of non patient related elements such as premises. Finally there are short term initiatives and projects that practices can take part in. Practices or GPs may also receive income for participating in the education of medical students, junior doctors and GPs themselves as well as research. In order to make patient based payments basic and relevant necessary data about you needs to be sent to the various payment services. The release of this data is required by English laws.

 Legal Basis - Article 6(1)(c) “processing is necessary for compliance with a legal obligation to which the controller is subject.” And Article 9(2)(h) ‘as stated below

 Data Processors – NHS England, ICB, Public Health

 

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

research.

 

Purpose - 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. 

Legal Basis - 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 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 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:

• diagnoses and findings
• medications and other prescribed items
• investigations, tests and results
• treatments and outcomes
• 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:

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

Data Processors – NHS Digital

General Practice Transparency Notice for GPES CVDPREVENT Audit data collection

CVDPREVENT is a national primary care audit to support professionally led quality improvement in the diagnosis and management of six high-risk conditions that cause stroke, heart attack and dementia: atrial fibrillation (AF), high blood pressure, high cholesterol, diabetes, non-diabetic hyperglycaemia and chronic kidney disease.

The audit data will support practices and Primary Care Networks (PCNs) to identify gaps, inequalities and opportunities for improvement in clinical care. It will provide the core data to assist General Practices and PCNs to meet the requirements of the PCN Directed Enhanced Service for CVD prevention, (scheduled for April 2021), as well as local improvement schemes.

Fair processing information for patients for this data sharing is provided in this Transparency Notice: https://digital.nhs.uk/about-nhs-digital/our-work/keeping-patient-data-safe/gdpr/gdpr-register?_cldee=YWhvc2FuZ2FkeUBuaHMubmV0&recipientid=lead-71c4f85c270deb11a812000d3a86b23d-0b7d274a0d4d4e4f9999a49a2fc70f12&esid=6e5380d6-c004-eb11-a813-000d3a86d6fd

Coronavirus (COVID-19) response transparency notice

Purpose - The health and social care system is taking action to manage and mitigate the spread and impact of the current outbreak of coronavirus (COVID-19).

Action to be taken requires the collection, analysis and sharing of information, including confidential patient information where necessary and lawful, amongst health organisations and other appropriate bodies. This is due to the urgent need to protect public health and respond to the COVID-19 outbreak. This notice describes how we may use your information to protect you and others during the COVID-19 outbreak.

To support the healthcare response to COVID-19, NHS Digital has been directed by the Secretary of State for Health and Social Care (the Secretary of State) and NHS England under the COVID-19 Directions to: 

• establish information systems to collect and analyse data in connection with COVID-19; and
• develop and operate IT systems to deliver services in connection with COVID-19  

We may also be requested by the NHS in Scotland, Wales and Northern Ireland to collect, analyse and disseminate data for them, including information about residents of these countries.

Examples of some of the purposes for which NHS Digital may process personal data under the COVID-19 Directions and in response to these requests may include processing personal data for the purposes of: 

• understanding COVID-19 and risks to public health, trends in COVID-19 and such risks, and controlling and preventing the spread of COVID-19 and such risks
• identifying and understanding information about patients or potential patients with, or at risk of COVID-19, information about incidents of patient exposure to COVID-19 and the management of patients with or at risk of COVID-19 including: locating, contacting, screening, flagging and monitoring such patients and collecting information about and providing services in relation to testing, diagnosis, self-isolation, fitness to work, treatment, medical and social interventions and recovery from COVID-19
• understanding information about patient access to health services and adult social care services as a direct or indirect result of COVID-19, and the availability and capacity of those services
• monitoring and managing the response to COVID-19 by health and social care bodies and the Government including providing information to the public about COVID-19 and its effectiveness and information about capacity, medicines, equipment, supplies, services and the workforce within the health services and adult social care services
• delivering services to patients, clinicians, the health services and adult social care services workforce and the public about and in connection with COVID-19, including the provision of information, fit notes and the provision of health care and adult social care services
• research and planning in relation to COVID-19

The controller of your personal data - Under the General Data Protection Regulation 2016 (GDPR), NHS Digital is the controller of your personal data where we are directed or requested to process personal data for COVID-19 purposes. We are also a joint controller with the person who has directed or requested us to do this work. This may be the Secretary of State for Health and Social Care, NHS England or an NHS body in Scotland, Northern Ireland or Wales.

Where we share data, NHS Digital is usually the sole controller, unless we have been directed to share the data by the Secretary of State or NHS England, in which case we will be joint controllers.

Our legal basis under GDPR

Where we are directed to process personal data for COVID-19 purposes, this is a legal obligation and we are allowed to do this under Article 6 (1)(c) of GPDR. 

Where we process personal data as part of our statutory functions, including where requested by other bodies, for example. by the NHS in Scotland, Wales or Northern Ireland, this is part of our public task. We are allowed to do this under Article 6(1)(e) of GDPR. 

Where we need to process health data and other special categories of personal data, we will only do this where it is necessary as part of our statutory functions. Under GPDR we are allowed to do this where it is necessary for substantial public interest reasons (Article 9(2)(g)), where it is necessary for healthcare purposes (Article 9(2)(h)), where it is necessary for public health purposes (Article 9(2)(i)) or where it is necessary for scientific research or statistical purposes (Article 9(2)(j)).

We are also allowed to share your personal data under GDPR where it is necessary for us to do so for one of the purposes explained above.

Types of personal data we process

The types of personal data we may process in response to COVID-19 include:

• demographic data – your name, date of birth, sex, NHS number and your contact details such as your address, telephone numbers and email address
• health information – information relating to your health and the care you have been provided - this may include information about medical conditions, treatments, prescription information, care episodes, hospital admission and discharge information, test results, including tests relating to COVID-19, information on whether you are self-isolating
• information collected as part of our online services which we need to help maintain the security and performance of our website and also to help us understand how our services are used so that we can make improvements. This may include information such as your IP address, technical log events, the type of browser you’re using and the actions you took when using these services

We will only process the minimum data necessary to achieve our purposes.

How we obtain your personal data

Collecting personal data from you directly

We may collect personal data from you directly, in which case we will tell you at the time the purposes for which we will use your data in a privacy or transparency notice.

Examples of where we have done this for COVID-19 purposes are the Isolation Note Service and the service to Get text messages from the NHS about coronavirus. We will not collect more information than we require, and we will ensure that any personal data collected is treated with the appropriate safeguards.

Collecting personal data from other organisations

We may also collect personal data from other organisations, including health and social care organisations, for example from Public Health England, NHS Trusts, GP Practices, Local Authorities, NHS England, the Department of Health and Social Care and other government departments.

Usually we do this by issuing the organisation with a Data Provision Notice. This requires or requests those organisations to provide us with data where this is necessary for us to perform our functions under the Health and Social Care Act 2012.

Who we share your data with

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. 

The Health Service (Control of Patient Information) Regulations 2002 allow confidential patient information to be used and shared appropriately and lawfully in a public health emergency and are being used during this outbreak.

Using these regulations, the Secretary of State has issued legal notices requiring 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 patient information.  

Types of organisations we may share your data with

The types of organisations we may share your data with include:

• the Department of Health and Social Care and other government departments, as part of the government response to coronavirus
• NHS England
• Public Health England
• GPs
• Integrated Care Boards
• Local Authorities
• other NHS, health, or social care organisations
• NHS bodies in Scotland, Wales and Northern Ireland
• research bodies, such as universities and hospitals

We may also share your information with organisations who process personal data for us on our behalf. They are called Processors. Where we use Processors we have contracts in place with them which means that they can only process your personal data on our instructions. Our Processors are also required to comply with stringent security requirements when processing your personal data on our behalf.

We will also publish data we have obtained for COVID-19 purposes which is anonymous, so that no individuals can be identified from that data. This will enable NHS and other organisations to use this anonymous data for statistical analysis and for planning, commissioning and research purposes as part of the response to coronavirus

Where we store the data

NHS Digital only stores and processes your personal data within the United Kingdom.

Fully anonymous data, for example, statistical data, which does not allow you to be identified, may be stored and processed outside of the UK. Some of our Processors may process your personal data outside of the UK. If they do we will always ensure that the transfer outside of the UK complies with data protection laws.

Your rights over your personal data and further information

To read more about the health and care information NHS Digital collects, our legal basis for collecting this information, and what choices and rights you have, see How we look after your health and care information and our General transparency notice.

We may make changes to this transparency notice. If we do, the date at the top of the notice will also change. Any changes to this notice will apply immediately from the date of any change.

Physical Health Checks for people with severe mental illness: GDPR information

Please see below link to NHS Digital transparency notice:

Physical Health Checks for People with Severe Mental Illness (PHSMI): GDPR information - NHS Digital

RSS Referral Support Service

Purpose - Personal identifiable data and special categories of personal data are processed to support direct healthcare - to allow the RSS to process patient referrals and manage the referral pathway to support GP Practices.

 

Legal Basis:

 Article 6(1)e - “processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller”

 

Article 9(2)h - “processing is necessary for the purposes of preventive 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”.

 

Processors: NHS Surrey Heartlands Integrated Care Board (SH ICB)

 

Reviews of and Changes to our Privacy Notice

We will keep our Privacy Notice under regular review. This notice was last reviewed in September 2020.

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…’; 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...”

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.