The Ellwyn Medical Practice

The Health Centre, Currie Road, Galashiels TD1 2UA
Tel: 01896 661355 Fax: 01896 661357

Practice Fair Processing & Privacy Notice

ELLWYN MEDICAL PRACTICE

Practice Fair Processing & Privacy Notice

 

Your Information, Your Rights

 

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.

 

Data Controller

As your registered GP practice, we are the data controller for any personal data that we hold about you.

 

Data Protection Officer

The Data Protection Officer for this Practice is Dr Gordon Sim

 

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 CHI 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 a hospital, GP surgery, community care provider, mental health care provider, walk-in centre, 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 health services in Scotland, 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 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
  • NHS Borders or other local health boards in Northumberland or Lothian
  • NHS 24/111 and Out of Hours Service
  • Local Social Services and Community Care services
  • Voluntary Support Organisations commissioned to provide services by NHS Borders

 

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 so that your GP can provide the appropriate care.

In addition we receive data from the Information Services Division of Scottish Government, such as the uptake of flu vaccinations and disease prevalence in order to assist us to improve our 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 the NHS has a legal obligation to keep information about you confidential.  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 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 withdraw your consent, in writing, at 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

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 such as age, gender, CHI number, diagnosis, existing long term condition(s), medication history, patterns of hospital attendances, admissions and periods of access to community care are 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 using software managed by the Scottish Government 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. Please note that you have the right to op out of your data being used in this way.

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.

 

Sharing of Electronic Patient Records within the NHS

Electronic patient records are kept in most places where you receive healthcare.  Our local electronic systems (such as EMIS and Docman) enable 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
  • Hospitals
  • Social Care organisations
  • Pharmacies

 

In addition, NHS Scotland have implemented the Emergency Care Summary 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.

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 the Practice Manager.

Complaints

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 Practice Manager at:  Ellwyn Medical Practice, The Health Centre, Currie Road, Galashiels.  TD1 2UA.

If you remain dissatisfied with our response you can contact the Information Commissioner’s Office at Wycliffe House, Water Lane, Wimslow, Cheshire SK9 5AF – Enquiry Line: 01625 545700 or online at www.ico.gov.uk

 

 

Ellwyn Medical Practice, The Health Centre, Currie Road, Galashiels. TD1 2UA.

Tel: 01896 661355