Fair Processing & Privacy Notices
Your Information, Your Rights
Coronavirus (COVID-19) pandemic and your information The ICO recognises the unprecedented challenges the NHS and other health professionals are facing during the COVID-19 pandemic.
The ICO also recognise that 'Public bodies may require additional collection and sharing of personal data to protect against serious threats to public health.' The Government have also taken action in respect of this and on 20th March 2020 the Secretary of State for Health and Social Care issued a notice under Regulation 3(4) of the Health Service (Control of Patient Information) Regulations 2002 requiring organisations such as GP Practices to use your information to help GP Practices and other healthcare organisations to respond to and deal with the COVID-19 pandemic. Please note that this notice has now been revised and extended by a further notice from 29th July 2020 until 31st March 2021.
In order to look after your healthcare needs during this difficult time, we may urgently need to share your personal information, including medical records, with clinical and non clinical staff who belong to organisations that are permitted to use your information and need to use it to help deal with the COVID-19 pandemic. This could (amongst other measures) consist of either treating you or a member of your family and enable us and other healthcare organisations to monitor the disease, assess risk and manage the spread of the disease. Additionally, the use of your information is now required to support NHS Test and Trace.
Please be assured that we will only share information and health data that is necessary to meet yours and public healthcare needs. The Secretary of State for Health and Social Care has also stated that these measures are temporary and will expire on 31st March 2021 unless a further extension is required. Any further extension will be will be provided in writing and we will communicate the same to you.
Please also note that the data protection and electronic communication laws do not stop us from sending public health messages to you, either by phone, text or email as these messages are not direct marketing.
It may also be necessary, where the latest technology allows us to do so, to use your information and health data to facilitate digital consultations and diagnoses and we will always do this with your security in mind.
If you are concerned about how your information is being used, please contact our Managing Partner at Brook Square Surgery.
To view a copy of our patient information leaflet on GDPR, please Click Here
We also have a leaflet explaining privacy for children which can be accessed here
Being transparent and providing accessible information to patients about how we will use your personal information is a key element of the Data Protection Act 2018 and the EU General Data Protection Regulations (GDPR).
The following notice reminds you of your rights in respect of the above legislation and how your GP Practice will use your information for lawful purposes in order to deliver your care and the effective management of the local NHS system.
This notice reflects how we use information for:
- The management of patient records;
- Communication concerning your clinical, social and supported care;
- Ensuring the quality of your care and the best clinical outcomes are achieved through clinical audit and retrospective review;
- Participation in health and social care research; and
- The management and clinical planning of services to ensure that appropriate care is in place for our patients today and in the future.
As your registered GP practice, we are the data controller for any personal data that we hold about you.
What information do we collect and use?
All personal data must be processed fairly and lawfully, whether is it received directly from you or from a third party in relation to the your care.
We will collect the following types of information from you or about you from a third party (provider organisation) engaged in the delivery of your care:
- ‘Personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified from the data. This includes, but is not limited to name, date of birth, full postcode, address, next of kin and NHS Number;
- ‘Special category / sensitive data’ such as medical history including details of appointments and contact with you, medication, emergency appointments and admissions, clinical notes, treatments, results of investigations, supportive care arrangements, social care status, race, ethnic origin, genetics and sexual orientation.
Your healthcare records contain information about your health and any treatment or care you have received previously (e.g. from an acute hospital, GP surgery, community care provider, mental health care provider, walk-in center, social services). These records may be electronic, a paper record or a mixture of both. We use a combination of technologies and working practices to ensure that we keep your information secure and confidential.
Why do we collect this information?
The NHS Act 2006 and the Health and Social Care Act 2012 invests statutory functions on GP Practices to promote and provide the health service in England, improve quality of services, reduce inequalities, conduct research, review performance of services and deliver education and training. To do this we will need to process your information in accordance with current data protection legislation to:
- Protect your vital interests;
- Pursue our legitimate interests as a provider of medical care, particularly where the individual is a child or a vulnerable adult;
- Perform tasks in the public’s interest;
- Deliver preventative medicine, medical diagnosis, medical research; and
- Manage the health and social care system and services.
How is the information collected?
Your information will be collected either electronically using secure NHS Mail or a secure electronic transferred over an NHS encrypted network connection. In addition physical information will be sent to your practice. This information will be retained within your GP’s electronic patient record or within your physical medical records.
Who will we share your information with?
In order to deliver and coordinate your health and social care, we may share information with the following organisations:
- Local GP Practices in order to deliver extended primary care services
- Local NHS Trusts / Hospitals / Health Boards
- 111 and Out of Hours Service
- Local Social Services and Community Care services
- Organisations commissioned to provide services by our CCG
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 North Yorkshire through Harrogate and Rural District Clinical Commissioning Group.
Your information will only be shared if it is appropriate for the provision of your care or required to satisfy our statutory function and legal obligations.
Your information will not be transferred outside of the European Union.
Whilst we might share your information with the above organisations, we may also receive information from them to ensure that your medical records are kept up to date and so that your GP can provide the appropriate care.
In addition we receive data from NHS Digital (as directed by the Department of Health) such as the uptake of flu vaccinations and disease prevalence in order to assist us to improve “out of hospital care”.
How do we maintain the confidentiality of your records?
We are committed to protecting your privacy and will only use information that has been collected lawfully. Every member of staff who works for an NHS organisation has a legal obligation to keep information about you confidential. We maintain our duty of confidentiality by conducting annual training and awareness, ensuring access to personal data is limited to the appropriate staff and information is only shared with organisations and individuals that have a legitimate and legal basis for access.
Information is not held for longer than is necessary. We will hold your information in accordance with the Records Management Code of Practice for Health and Social Care 2016.
Consent and Objections
Do I need to give my consent?
The GDPR sets a high standard for consent. Consent means offering people genuine choice and control over how their data is used. When consent is used properly, it helps you build trust and enhance your reputation. However consent is only one potential lawful basis for processing information. Therefore your GP practice may not need to seek your explicit consent for every instance of processing and sharing your information, on the condition that the processing is carried out in accordance with this notice. Your GP Practice will contact you if they are required to share your information for any other purpose which is not mentioned within this notice. Your consent will be documented within your electronic patient record.
What will happen if I withhold my consent or raise an objection?
You have the right to write to withdraw your consent to any time for any particular instance of processing, provided consent is the legal basis for the processing. Please contact your GP Practice for further information and to raise your objection.
Health Risk Screening / Risk Stratification
Health Risk Screening or Risk Stratification is a process that helps your GP to determine whether you are at risk of an unplanned admission or deterioration in health. By using selected information such as age, gender, NHS number, diagnosis, existing long term condition(s), medication history, patterns of hospital attendances, admissions and periods of access to community care your GP will be able to judge if you are likely to need more support and care from time to time, or if the right services are in place to support the local population’s needs.
To summarise Risk Stratification is used in the NHS to:
- Help decide if a patient is at a greater risk of suffering from a particular condition;
- Prevent an emergency admission;
- Identify if a patient needs medical help to prevent a health condition from getting worse; and/or
- Review and amend provision of current health and social care services.
Your GP will use computer based algorithms or calculations to identify their registered patients who are at most risk, with support from the local Commissioning Support Unit and/or a third party accredited Risk Stratification provider. The risk stratification contracts are arranged by your local CCG in accordance with the current Section 251 Agreement. Neither the CSU nor your local CCG will at any time have access to your personal or confidential data. They will only act on behalf of your GP to organise the risk stratification service with appropriate contractual technical and security measures in place.
Your GP will routinely conduct the risk stratification process outside of your GP appointment. This process is conducted electronically and without human intervention. The resulting report is then reviewed by a multidisciplinary team of staff within the Practice. This may result in contact being made with you if alterations to the provision of your care are identified.
A Section 251 Agreement is where the Secretary of State for Health and Social Care has granted permission for personal data to be used for the purposes of risk stratification, in acknowledgement that it would overburden the NHS to conduct manual reviews of all patient registers held by individual providers.
As mentioned above, you have the right to object to your information being used in this way. However you should be aware that your objection may have a negative impact on the timely and proactive provision of your direct care. If you wish to opt out of data sharing for these purposes please visit https://www.nhs.uk/your-nhs-data-matters/
Sharing of Electronic Patient Records within the NHS
Electronic patient records are kept in most places where you receive healthcare. Our local electronic system SystmOne, enables your record to be shared with organisations involved in your direct care, such as:
- GP practices
- Community services such as district nurses, rehabilitation services, telehealth and out of hospital services.
- Child health services that undertake routine treatment or health screening
- Urgent care organisations, minor injury units or out of hours services
- Community hospitals
- Palliative care hospitals
- Care Homes
- Mental Health Trusts
- Social Care organisations
In addition, NHS England have implemented the Summary Care Record which contains information including medication you are taking and any bad reactions to medication that you have had in the past.
In most cases, particularly for patients with complex conditions and care arrangements, the shared electronic health record plays a vital role in delivering the best care and a coordinated response, taking into account all aspects of a person’s physical and mental health. Many patients are understandably not able to provide a full account of their care, or may not be in a position to do so. The shared record means patients do not have to repeat their medical history at every care setting.
Your record will be automatically setup to be shared with the organisations listed above, however you have the right to ask your GP to disable this function or restrict access to specific elements of your record. This will mean that the information recorded by your GP will not be visible at any other care setting.
You can also reinstate your consent at any time by giving your permission to override your previous dissent.
If you have received treatment within the NHS, the local Commissioning Support Unit (CSU) may require access to your personal information to determine which Clinical Commissioning Group is responsible for payment for the treatment or procedures you have received. Information such as your name, address, date of treatment and associated treatment code may be passed onto the CSU to enable them to process the bill. These details are held in a secure environment and kept confidential. This information is only used to validate invoices in accordance with the current Section 251 Agreement, and will not be shared for any further commissioning purposes.
Your Right of Access to Your Records
The Data Protection Act and General Data Protection Regulations allows you to find out what information is held about you including information held within your medical records, either in electronic or physical format. This is known as the “right of subject access”. If you would like to have access to all or part of your records, you can make a request in writing to the organisation that you believe holds your information. This can be your GP, or a provider that is or has delivered your treatment and care. You should however be aware that some details within your health records may be exempt from disclosure, however this will in the interests of your wellbeing or to protect the identity of a third party. If you would like access to your GP record please submit your request in writing to:
Brook Square Surgery
41-44 Trafalgar Street West
In the event that your feel your GP Practice has not complied with the current data protection legislation, either in responding to your request or in our general processing of your personal information, you should raise your concerns in the first instance in writing to the Managing Partner at:
Brook Square Surgery
41-44 Trafalgar Street West
If you remain dissatisfied with our response you can contact the Information Commissioner’s Office at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF
Enquiry Line: 01625 545700
or online at www.ico.gov.uk
Your medical record is a life-long history of your consultations, illnesses, investigations, prescriptions and other treatments. The professional relationship with the patient sits at the heart of good general practice and is based on mutual trust and confidentiality. The story of that relationship over the years is your medical record.
All our practice staff have full access to the computerised medical records system. They are governed by strict codes of confidentiality and will not disclose health information without your consent. It is our policy to have a single medical and nursing record for each patient. We firmly believe that this offers the best opportunity for delivering the highest quality of care from a modern primary care team.
Life assurance companies frequently ask for medical reports on prospective clients from their GP. GPs must disclose all relevant medical conditions in these reports. You can ask to see the report before it is sent back to the company: an appointment will be made with a Clinician. You can instruct us not to make a full disclosure, but we must then inform the insurance company of your instructions.
Electronic Data Sharing Model (eDSM)
Today, electronic records are kept in all the places where you receive healthcare. These NHS Care Services can usually only share information from your records by letter, email, fax or phone. At times, this can slow down your treatment and mean information is hard to access.
Brook Square Surgery uses a secure computer system called SystmOne that allows the sharing of full electronic records across different NHS Care Services
This patient record sharing system will allow patients to decide which information they would like to securely share from their GP record and from other services where you may be receiving NHS care.
You can decide whether you want to securely share any of your information recorded in the practice with other NHS Services – this is known as ‘sharing out’
For completeness of your records and to help our clinical team make informed decisions about your health, it is our practice policy to automatically have access to information shared in to your records by all other health care professionals involved in your care - this is known as ‘sharing in’
For more details about information sharing please pick up a leaflet and consent form from reception or follow the links below.
eDSM A Guide for Patients
eDSM Share Out Consent Form
Summary Care Record
Your Summary Care Record is a short summary of your GP medical records. It tells other health and care staff who care for you about the medicines you take and your allergies. This means they can give you better care if you need health care away from your usual doctor's surgery:
- in an emergency
- when you're on holiday
- when your surgery is closed
- at out-patient clinics
- when you visit a pharmacy
For more information please click here
Data Sharing and Covid-19
NHS Digital’s legal power to collect the data is provided under COVID-19 Public Health Directions and the data will be collected and managed in accordance with NHS Digital’s strict information governance and security protocols. The data collection will continue until 30 September 2020 and will be reviewed before then. If there is a continued need for the data for COVID-19 purposes it will continue with six monthly reviews until the expiry of the Direction which is currently 31 March 2022.
You may be offered a remote consultation as an alternative to attending the practice in person. If you agree to a remote consultation the GP or healthcare professional may need to receive and store images taken by patients for clinical purposes; this could include images for the purpose of intimate clinical assessment. This will only be done in the interests of the patient where it is necessary for providing health care and with patient consent. The approach to video consulting, image sharing, and storage is the same as it would be for face to face interactions. If we need to store images on your GP record this will be only for as long as necessary. It is a patient’s choice to share an image either of their own accord or at the request of the health professional treating you. Refusal to share an image does not prevent access to care and treatment or result in patients receiving an inferior standard of care. Further details about how remote consultation works can be obtained by contacting the practice.
Freedom of Information
Information about the General Practioners and the practice required for disclosure under this act can be made available to the public. Your request must be in writing and can be either posted or emailed to NHS England.
For postal requests, please send to the following address:
PO Box 16738
Email requests should be sent to firstname.lastname@example.org Please write “Freedom of Information” in the subject line.
BSS- Freedom of Information Act Leaflet.pdf
The Yorkshire & Humber Care Record
The Yorkshire & Humber Care Record is a shared system that allows Healthcare staff within the Humber, Coast and Vale Health and Social Care community to appropriately access the most up-to-date and correct information about patients, to deliver the best possible care.
The Yorkshire & Humber Care Record Guarantee is our commitment that we will use records about you in ways that respect your rights and promote your health and wellbeing.
If you would like any further information, or would like to discuss this further, please contact the surgery.
Frequently Asked Questions
What is the Yorkshire and Humber Care Record?
At the moment, every health and social care organisation that you use has a different set of patient or service user records for you. These records may duplicate information or one record might hold information about your treatment, care and support that another one doesn’t. To provide the best care to you as a patient or service user it is essential that health and social care professionals have access to the most up-to-date information.
It will be a secure virtual health and social care record. It will pull key information from different health and social care records and store it in one combined record. This enables health and social care professionals to find all the key information for your care in one place.
Why do you need to share my information?
To provide the best treatment, care and support to you as a patient or service user it is essential that health and social care professionals have access to the most up-to-date information. Information is already shared between health and social care organisations by phone and through paper records. Sharing health records allows this sharing process to happen more efficiently, enabling better care for you.
Healthcare organisations across Yorkshire and Humber are working together to further improve health and social care across the region. Health and social care professionals have a duty to share relevant information between them if they are involved in providing you with care.
Types of information that may be shared include:
- Address & telephone numbers
- Problem diagnosis list
- Medications prescribed
- Recorded allergies
- Care plans outpatient appointments, inpatient stays & clinical contacts
- Referrals, clinic letters & discharge information
- Test results
- Community treatment orders
- Contact details of care professionals
- Care Plans, including end-of-life care preferences.
How do I know my records are kept secure?
By law, everyone working in, or on behalf of, the NHS and social care must follow strict information governance rules designed to respect your privacy and keep all information about you safe. Information is held on secure, encrypted systems which keeps a record of everyone who has accessed a patient record, the time and date when they accessed it and the information they were viewing. The laws on data protection are clear and we take them very seriously. We regularly check to make sure that only people who need to see your patient record are viewing it.
Can anybody see my records?
Your medical records will still be confidential. They will only be looked at by people who are directly involved in your care. Your information isn’t shared with anyone who doesn’t need it to provide treatment, care and support to you.
Your details will be kept safe and won’t be made public, passed on to a third party who is not directly involved in your care, used for advertising or sold.
Accessing your own health and care records?
Patients have the right under Section 7 of the Data Protection Act (1998) to request access to any information that an organisation holds about them. Each individual organisation that contributes information to your Yorkshire & Humber Care Record has a responsibility to handle these “Subject Access Requests”.
Should you wish to access your records this way, contact the organisation who holds the part of the record you are interested in directly, e.g. your GP, hospital, mental health trust or social care team.
Can I object to my records being shared?
Yes. You have the right to object to your health and care records being shared. However, if staff require access to the information shared on our Yorkshire & Humber Care Record to provide safe individual care they are legally allowed access.
For further information, contact the Access to Health Records team at Leeds Teaching Hospitals NHS Trust:
T: 0113 20 65824
Access to Health Records Leeds Teaching Hospitals NHS Trust St James University Hospital Lincoln Wing / Chancellor Wing Link Corridor Becket Street Leeds LS9 7TF
What do I do if I would like to make a complaint about improper use?
Please contact the care provider alleged of improper use directly to register a complaint.
**The only website this Privacy Notice applies to is the Surgery’s website. If you use a link to any other website from the Surgery’s website then you will need to read their respective Privacy Notice. We take no responsibility (legal or otherwise) for the content of other websites.**
**All of our Privacy Notices are available upon request**