MUNLOCHY & NORTH KESSOCK MEDICAL PRACTICE
HOW WE USE YOUR PERSONAL INFORMATION
This notice explains why the GP Practice collects information about you and how that information may be used.
The 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 boards, GP surgeries, external clinics etc.). These records help to provide you with the best possible healthcare.
NHS health 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 which this GP Practice holds about you may include the following:
- Details about you, such as your address, carer, legal representative, 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 help us to 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.
HOW LONG DO WE HOLD YOUR RECORDS?
We keep your medical records at the Surgery until you die, unless you register with another General Practitioner and we are requested to send these to Practitioner Services in Aberdeen, who will then pass these onto your new GP.
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 preventative intervention. Information about you is collected from a number of sources including NHS boards and from this GP Practice. A risk score is then arrived at through an analysis of your de-identified information using software managed by INPS, 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 you data being used in this way.
The Practice may conduct Medicines Management Reviews of medications prescribed to its patients. This service performs a review of prescribed medications to ensure that patients receive the most appropriate, up to date and cost effective treatments. This service is provided to Practices within the Highland Region.
How do we maintain confidentiality of your medical records?
We are committed to protecting your privacy and will only use information collected lawfully in accordance with:
- New General Data Protection Regulations (this updates and replaces the Data Protection Act 1998)
- 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, and all staff sign a confidentially statement.
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 principles for the best interests of patients within the framework set out by the Caldicott principles.
WHO ARE OUR PARTNER ORGINISATIONS?
We may also have to share your information, subject to strict agreements on how it will be used with the following organisations:
- NHS Boards
- Independent contractors such as dentists, opticians, pharmacists
- Private sector providers
- Voluntary sector providers
- Scottish Ambulance Service
- Social Care Services
- Local Authorities
- Education services
- Fire and Rescue Services
- Police & Judicial Services
- Other “data processors” of which you will be informed
You will be informed who your data will be shared with and in some cases asked for explicit consent for this to 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.
ACCESS TO PERSONAL INFORMATION
You have the right under the General Data Protection Regulations to request access to view or to obtain copies of the information which the Surgery holds about you and to have it amended should it be inaccurate (see separate sheet entitled The right to erasure). You may request this in the following way:
- In writing, in person, by telephone and by email to the Practice Manager
- We are required to respond to your request within 28 days
- You will need to give adequate information (for example full name, address, date of birth, and details of your request) so that your identity can be verified and your records located
- Under the new regulations there is no charge for you to have access or copies or your records.
- We will still charge for copies and information which is sent to solicitors/insurance companies on your behalf. We require your consent before we are able to process this request
Should you have any concerns about how your information is managed at the GP surgery, 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 which is 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.
CHANGE OF DETAILS
It is important that you tell the person treating you if 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 that our records are accurate and up to date for you.
The General Data Protection Regulations require organisations to register a notification with the Information Commissioner to describe the purposes for which they process personal and sensitive information.
The Practice is registered with the Information Commissioners Office (ICO). This information is publicly available on the Information Commissioners Office website www.ico.org.uk
WHO IS THE DATA CONTROLLER
The Data Controller, responsible for keeping your information secure and confidential is:
MUNLOCHY & NORTH KESSOCK MEDICAL PRACTICE
DATA PROCESSORS – ALL STAFF ARE RESPONSIBLE FOR PROCESSING DATA HELD AT THE SURGERY
Should you have any concerns about how your information is managed by the Practice please contact the Practice Manager at the following address:
Munlochy & North Kessock Medical Practice Brae Terrace Munlochy IV8 8NG Telephone: 01463 811200
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 or telephone 0303 123 1113
THE RIGHT TO ERASURE
The right to erasure is also known as “the right to be forgotten” and in general refers to an individual’s right to request the deletion or removal of personal information where there is no compelling reason for NHS to continue using it.
As with other rights, there are particular conditions around this right and it does not provide individuals with an absolute right to be forgotten.
Individuals have the right to have their personal information deleted or removed in the following circumstances:
- When it is no longer necessary for the purpose for which it was collected.
- When NHS no longer have a legal basis for using your personal information, for example if you gave us consent to use your personal information in a specific way, and you withdraw your consent, we would need to stop using your information and erase it unless we had an overriding reason to continue to use it.
- When you object to NHS using your personal information and there is no overriding legitimate interest for us to continue using it.
- If we have used your personal information unlawfully.
- If there is a legal obligation to erase your personal information for example by court order
The NHS can refuse to deal with your request for erasure when we use your personal information for the following reasons:
- to comply with a legal obligation for the performance of a public interest task or exercise of official authority.
- for public health purposes in the public interest.
- archiving purposes in the public interest, scientific research historical research or statistical purpose.
- the exercise or defence of legal claims.
When using personal information our legal basis is usually that its use is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us under the NHS Scotland Act as noted previously. This means that in most circumstances we can refuse requests for erasure. However we will advise you of this as soon as possible following receipt of your request.
THE RIGHT TO RESTRICT PROCESSING
You have the right to control how we use your personal information in some circumstances. This is known as the right to restriction. When processing is restricted, the NHS are permitted to store your personal information, but not further use it until an agreement is reached with you about further processing. We can retain enough information about you to ensure that your request for restriction is respected in the future.
Examples of ways you can restrict our processing would be:
- If you challenge the accuracy of your personal information, stop using it until we check its accuracy.
- If you object to processing which is necessary for the performance of our tasks in the public interest or for the purpose of legitimate interests, we will restrict our processing while we consider whether our legitimate grounds override your individual interests, rights and freedoms.
- If our use of your personal information is found to be unlawful and you ask for restriction instead of full erasure we will restrict our processing.
- If we no longer need your personal information but you need it to establish, exercise or defend a legal claim, we will restrict our processing.
If we have shared your personal information with any individuals or organisations, if we restrict our processing, we will tell those individuals or organisations about our restriction if it is possible and not an unreasonable amount of effort. Whenever we decide to lift a restriction on processing we will tell you.
THE RIGHT TO DATA PORTABILITY
The right to data portability allows individuals to obtain and re-use their personal information for their own purposes across different services. It allows them to move, copy or transfer personal information easily from one IT environment to another in a safe and secure way. For example: it enables consumers to take advantage or applications and services which can use their information to find them a better deal.
The right to data portability only applies when the individual has submitted their personal information directly, through electronic means to the NHS. This means that in most circumstances the right to data portability does not apply within NHS HIGHLAND.
Rights related to automated decision making and profiling
You have the right to object to any instances where a decision is made about you solely by automated means without any human involvement, including profiling.
The NHS does not undertake any decision-making about you using wholly automated means.