How we use your data
PRACTICE PRIVACY NOTICE – How we use your information
This privacy notice explains why we as a Practice collect information about our patients and how we use that information.
Rustlings Road Surgery manages patient information in accordance with existing laws and with guidance from organisations that govern the provision of healthcare in England such as the Department of Health and the General Medical Council.
We are committed to protecting your privacy and will only use information collected lawfully in accordance with:
• Data Protection Act 1998
• Human Rights Act 1998
• Common Law Duty of Confidentiality
• Health and Social Care Act 2012
• NHS Codes of Confidentiality and Information Security
As data controllers, GPs have fair processing responsibilities under the Data Protection Act 1998. In practice, this means ensuring that your personal confidential data (PCD) is handled clearly and transparently, and in a reasonably expected way. The Health and Social Care Act 2012 changed the way that personal confidential data is processed, therefore it is important that our patients are aware of and understand these changes, and that you have an opportunity to object and know how to do so.
The health care professionals who provide you with care maintain records about your health and any NHS treatment or care you have received (e.g. NHS Hospital Trust, GP Surgery, Walk-in clinic, etc.). These records help to provide you with the best possible healthcare.
NHS health records may be processed electronically, on paper or a mixture of both; a combination of working practices and technology are used to ensure that your information is kept confidential and secure. Records held by this GP practice may include the following information:
• Details about you, such as address and next of kin
• Any contact the practice has had with you, including appointments (emergency or scheduled), clinic
visits, etc.
• Notes and reports about your health
• Details about treatment and care received
• Results of investigations, such as laboratory tests, x-rays, etc.
• Relevant information from other health professionals, relatives or those who care for you
The practice collects and holds data for the sole purpose of providing healthcare services to our patients and we will ensure that the information is kept confidential. However, we can disclose personal information if:
a) It is required by law
b) You provide consent – either implicitly or for the sake of their own care, or explicitly for other purposes
c) It is justified to be in the public interest
Some of this information will be held centrally and used for statistical purposes. Where we hold data centrally, we take strict and secure measures to ensure that individual patients cannot be identified.
Information may be used for clinical audit purposes to monitor the quality of service provided, and may be held centrally and used for statistical purposes. Where we do this we ensure that patient records cannot be identified.
Sometimes your information may be requested to be used for clinical research purposes – the practice will always endeavour to gain your consent before releasing the information.
Improvements in information technology are also making it possible for us to share data with other healthcare providers with the objective of providing you with better care.
Patients can choose to withdraw their consent to their data being used in this way. When the practice is about to participate in any new data-sharing scheme we will make patients aware by displaying prominent notices in the surgery and on our website at least four weeks before the scheme is due to start. We will also explain clearly what you have to do to ‘opt-out’ of each new scheme.
A patient can object to their personal information being shared with other health care providers but if this limits the treatment that you can receive then the doctor will explain this to you at the time.
National Data Opt Out
Information about you and the care you receive is shared, in a secure system, by healthcare staff to support your treatment and care.
It is important that the NHS can use this information to plan and improve services for all patients. The NHS would like to link information from all the different places where you receive care, such as your GP, hospital and community services, to help provide a full picture. This will allow the NHS to compare the care you received in one area against the care you received in another, so the NHS can see what has worked best.
There are two levels of national data sharing of your information and you can decide if you want to opt out of either or both types.
Type 1 Opt-out
The data held in your GP medical records is shared with other healthcare professionals for the purposes of your individual care. It is also shared with other organisations to support health and care planning and research.
You have a choice. If you are happy for your information to be used in this way you do not have to do anything. If you do not want your personally identifiable patient data to be shared outside of your GP practice for purposes except your own care, you can register an opt-out with your GP practice. This is known as a Type 1 Opt-out. Please complete the type 1 opt out form which can be downloaded here and return it to the practice.
[download PDF ]
You can use this form to register a Type 1 Opt-out, for yourself or for a dependent (if you are the parent or legal guardian of the patient) (to Opt-out)
withdraw an existing Type 1 Opt-out, for yourself or a dependent (if you are the parent or legal guardian of the patient) if you have changed your preference (Opt-in). This decision will not affect individual care and you can change your choice at any time, using this form.
Type 1 Opt-outs may be discontinued in the future. If this happens then they may be turned into a National Data Opt-out. Your GP practice will tell you if this is going to happen and if you need to do anything. More information can be found here National Data Opt-out
Type 2 Opt-out
Information at NHS Digital which does not reveal your identity can then also be used by others, such as researchers and those planning health services, to make sure we provide the best care possible for everyone.
You have a choice. If you are happy for your information to be used in this way you do not have to do anything. If you have any concerns or wish to prevent this from happening, please visit manage your choice for further information on how to make your choice. GP practices are no longer able manage this type of opt-out.
Mobile Telephone
If you provide us with your mobile phone number we may use this to send SMS reminders about any appointments, advise you of a missed appointment or other health screening information being carried out. We may also use this if we have been unable to contact you by telephone. If you would rather we didn’t contact you via SMS please let reception know.
Practice Website
Our Website does use cookies to optimise your experience. Using this feature means that you agree to the use of cookies as required by the EU Data Protection Directive 95/46/EC. You have the option to decline the use of cookies on your first visit to the website.
Risk Stratification
Risk stratification is a process for identifying and managing patients who are at high risk of requiring emergency or urgent care. Typically this is because patients have a long term condition such as COPD, cancer or other medical condition at risk of sudden worsening. NHS England encourages GPs to use risk stratification tools as part of their local strategies for supporting patients with long-term conditions and to provide care plans and planned care with the aim to prevent avoidable admissions or other emergency care.
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 Risk Stratification.
Should you have any concerns about how your information is managed, or wish to opt out of any data collection at the practice, please contact the practice, or your healthcare professional to discuss how the disclosure of your personal information can be limited.
Patients have the right to change their minds and reverse a previous decision. Please contact the practice, if you change your mind regarding any previous choice.
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 the Data Protection Act 1998 (which is overseen by the Information Commissioner’s Office), Human Rights Act, the Common Law Duty of Confidentiality, and the NHS Codes of Confidentiality and Security. Every staff member who works for an NHS organisation has a legal obligation to maintain the confidentiality of patient information.
All of our staff, contractors and committee members receive appropriate and regular training to ensure they are aware of their personal responsibilities and have legal and contractual obligations to uphold confidentiality, enforceable through disciplinary procedures. Only a limited number of authorised staff have access to personal information where it is appropriate to their role and is strictly on a need-to-know basis.
We maintain our duty of confidentiality to you at all times. 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), or where the law requires information to be passed on.
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
• Specialist Trusts
• Independent Contractors such as dentists, opticians, pharmacists
• Private Sector Providers
• Voluntary Sector Providers
• Ambulance Trusts
• Clinical Commissioning Groups
• Social Care Services
• Local Authorities
• Education Services
• Fire and Rescue Services
• Police
• Other ‘data processors’
Access to personal information
You have a right under the Data Protection Act 1998 to access/view information the practice holds about you, and to have it amended or removed should it be inaccurate. This is known as ‘the right of subject access’. If we do hold information about you we will:
• give you a description of it
• tell you why we are holding it
• tell you who it could be disclosed to
• let you have a copy of the information in an intelligible form
If you would like to make a ‘subject access request’, please contact the practice manager in writing. There is not usually a charge for this service unless this is a repeat request for copies of your records or the request is deemed excessive. Any changes to this notice will be published on our website and on the practice notice board.
The practice is registered as a data controller under the Data Protection Act 1998. The registration number is Z6502393 and can be viewed online in the public register at https://ico.org.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.
Call Recording
Please note this practice records its calls for training and quality purposes.
CCTV
Please note that as of Monday 21st March 2022 this Practice uses CCTV.
Notification
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 https://ico.org.uk/ The practice is registered with the Information Commissioners Office (ICO).
Who is the Data Controller?
The GP Partners at Rustlings Road Surgery are The Data Controllers, responsible for keeping your information secure and confidential. The Partnership is registered as a data controller under the Data Protection Act 1998 Z6502393 registration can be viewed on-line in the public register at https://ico.org.uk/
The Information Commissioner’s Office is the Regulator for the Data Protection Act 1998 and offer independent advice and guidance on the law and personal data, including your rights and how to access your personal information. For further information please visit the https://ico.org.uk/