Privacy Notice for Al Shafa Medical Centre
Contact Details:
Al Shafa Medical Centre, 5-7 Little Oaks Road, Aston, Birmingham, B6 6JY.
Tel: 0121 328 1977
Email: m85123.dadk@nhs.net
Data Controller
The Data Controller, responsible for keeping your information secure and confidential is:
Al Shafa Medical Centre
Data Protection Officer
The data protection officer is Umar Sabat, Data Protection Officer for SDS MyHealthcare GP Practices
Lawful and Legal Basis for Data Processing
The lawful bases for processing are set out in Article 6 of the GDPR. At least one of these must apply whenever we process personal data:
Consent: the individual has given clear consent for us to process their personal data for a specific purpose.
Contract: the processing is necessary for a contract we have with the individual, or because they have asked us to take specific steps before entering into a contract.
Legal obligation: the processing is necessary for us to comply with the law (not including contractual obligations).
Vital interests: the processing is necessary to protect someone’s life.
Public task: the processing is necessary for us to perform a task in the public interest or for our official functions, and the task or function has a clear basis in law.
Legitimate interests: the processing is necessary for our legitimate interests or the legitimate interests of a third party unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.
Purpose of processing personal information
This fair processing 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 Trust, GP Surgery, Walk-in clinic, 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 hold about you may include the following information;
- 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 to help us manage the NHS. Information may be used within the GP practice for clinical audit to monitor the quality of the service provided.
Some of this information will be held centrally and used for statistical purposes. Where we do this, we take strict measures to ensure that individual patients cannot be identified.
Sometimes your information may be requested to be used for research purposes – the surgery will always gain your consent before releasing the information for this purpose.
Individual rights
The GDPR includes the following rights for individuals:
- the right to be informed;
- the right of access;
- the right to rectification;
- the right to erasure;
- the right to restrict processing;
- the right to data portability;
- the right to object; and
- the right not to be subject to automated decision-making including profiling.
Risk Stratification
Risk stratification data tools are increasingly being used in the NHS to help determine a person’s risk of suffering a particular condition, preventing an unplanned or (re)admission and identifying a need for preventive intervention. Information about you is collected from a number of sources including NHS Trusts and from this GP Practice. A risk score is then arrived at through an analysis of your de-identified information and is only provided back to your GP as data controller in an identifiable form. Risk stratification enables your GP to focus on preventing ill health and not just the treatment of sickness. If necessary your GP may be able to offer you additional services.
Please note that you have the right to opt out of your data being used in this way.
Medicine Management
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 by BSOL Clinical Commissioning Group.
How do we maintain the confidentiality of your records?
We are committed to protecting your privacy and will only use information collected lawfully in accordance with:
- EU General Data Protection Regulation (GDPR)
- 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.
We will only ever use or pass on information about you if others involved in your care have a genuine need for it. We will not disclose your information to any third party without your permission unless there are exceptional circumstances (i.e. life or death situations), where the law requires information to be passed on and / or in accordance with the new information sharing principle following Dame Fiona Caldecott’s information sharing review (Information to share or not to share) where “The duty to share information can be as important as the duty to protect patient confidentiality.” This means that health and social care professionals should have the confidence to share information in the best interests of their patients within the framework set out by the Caldecott principles. They should be supported by the policies of their employers, regulators and professional bodies.
Who are our partner organisations?
We may also have to share your information, subject to strict agreements on how it will be used, with the following organisations;
- NHS Trusts / Foundation Trusts
- GP’s
- NHS Commissioning Support Units
- Independent Contractors such as dentists, opticians, pharmacists
- Private Sector Providers
- Voluntary Sector Providers
- Ambulance Trusts
- Clinical Commissioning Groups
- Social Care Services
- Health and Social Care Information Centre (HSCIC)
- Local Authorities
- Education Services
- Fire and Rescue Services
- Police & Judicial Services
- Voluntary Sector Providers
- Private Sector Providers
- Other ‘data processors’ which you will be informed of
You will be informed who your data will be shared with and in some cases asked for explicit consent for this happen when this is required.
Access to personal information
You have a right under the EU General Data Protection Regulation (GDPR) to request access to view or to obtain copies of what information the surgery holds about you and to have it amended should it be inaccurate. In order to request this, you need to do the following:
- Verbal Consent with appropriate proof of ID
- For other purposes like a request for confidential data from a third party such as an employer or insurance company, explicit consent will still be needed.
- We are required to respond to you within 30 days
- You will need to give adequate information (for example full name, address, date of birth,
NHS number and details of your request) so that your identity can be verified and your records located
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.
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
www.ico.org.uk
The practice is registered with the Information Commissioners Office (ICO).
Transferring Date out of an EU country
Data will not be transferred outside of an EU country.
Objections / Complaints
Should you have any concerns about how your information is managed at the GP, please contact the GP Practice Manager. If you are still unhappy following a review by the GP practice, you can then complain to the Information Commissioners Office (ICO) via their website (www.ico.gov.uk).
If you are happy for your data to be extracted and used for the purposes described in this privacy notice then you do not need to do anything. If you have any concerns about how your data is shared then please contact the practice.
Complaints
Should you have any concerns about how your information is managed by the Practice please contact the Practice Manager at the following address:
Al Shafa Medical Centre, 5-7 Little Oaks Road, Aston, Birmingham, B6 6JY
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, casework@ico.org.uk,
telephone: 0303 123 1113 (local rate) or 01625 545 745
Where is patient data held:
“The Practice uses a system called EMIS Web to manage clinical information about your care and health. This system is provided by a company called EMIS Health LTD who act as a data processor on behalf of the Practice. EMIS Health LTD also uses a sub-processor which is Amazon Web Services (sub processor) who act under written instruction from EMIS Health LTD to store the data. Under no circumstances is it technically possible for Amazon Web Services to access any information about you. Should you have any concerns or queries please do not hesitate to contact the Practice.”
National Data Opt Out
The national data opt-out is a new service that allows people to opt out of their confidential patient information being used for research and planning. It was introduced on 25 May 2018, providing a facility for individuals to opt-out from the use of their data for research or planning purposes. 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 has had it automatically converted to a national data opt-out from 25 May 2018 and has received a letter giving them more information and a leaflet explaining the new national data opt-out. If a patient wants to change their choice, they can use the new service to do this.
You can find out more from the practice or at www.nhs.uk/your-nhs-data-matters
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General Practice Data for Planning and Research (GPDfPR)
"This practice is supporting vital health and care planning and research by sharing your data with NHS Digital. For more information about this see the GP Practice Privacy Notice for General Practice Data for Planning and Research."