Data Protection by Design and by Default policy

Burley Park Medical Centre

Introduction, scope and purpose

This policy is to outline the commitment the practice has to the concept of “Data Protection by Design and by Default” and it’s role in ensuring that the practice upholds it’s requirement to ensure that all data processing it is responsible for is in compliance with the Principles of GDPR, as articulated in Article 5 of GDPR (paraphrased below):

1. . Personal data shall be:
   1. processed lawfully, fairly and in a transparent manner in relation to the data subject (‘lawfulness, fairness and transparency’);
   2. collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (‘purpose limitation’);
   3. adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);
   4. accurate and kept up to date to ensure that any inaccurate personal data is erased or rectified without delay (‘accuracy’);
   5. kept for no longer than is necessary for the purposes for which the personal data are processed (‘storage limitation’);
   6. processed in a manner that ensures appropriate, including protection against unauthorised or unlawful processing, against accidental loss, destruction or damage (‘integrity and confidentiality’).
2. The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).

As part of the practice’s compliance as a Data Controller with data protection legislation, we actively pursue a policy of Data Protection by Design and by Default for all data processing activities we undertake, including the core medical services we provide.

Data Protection by Design and by Default is a key element underpinning the principles of GDPR and is articulated under Article 25 of GDPR as follows:

1. Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the processing, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures[1], such as pseudonymisation, which are designed to implement data-protection principles, such as data minimisation, in an effective manner and to integrate the necessary safeguards into the processing in order to meet the requirements of this Regulation and protect the rights of data subjects.

1. 1. The controller shall implement appropriate technical and organisational measures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed.
   2. That obligation applies to the amount of personal data collected, the extent of their processing, the period of their storage and their accessibility.
   3. In particular, such measures shall ensure that by default personal data are not made accessible without the individual’s intervention to an indefinite number of natural persons.

Policy Statements

In practice, this Article of the GDPR covers a multitude of issues designed to ensure that organisations evaluate Data Protection and Privacy as core considerations for any proposed or existing data processing, and to ensure that any solution used supports these considerations.

As part of our compliance we ensure that (inter alia):

• We take a proactive, not reactive, approach to Data Protection by Design and by Default to ensure that Data Protection and Privacy are primary considerations.
• We consider data protection and privacy as part of the implementation of our medical services and business practices.
• We consider carrying out Data Protection Impact Assessments for any new data processing or data sharing activities we are considering
• We ensure that data protection and privacy are an essential component of the functionality of our processing systems.
• We endeavour to anticipate potential privacy risks before they occur, and take steps to prevent harm to individuals.
• We only process the personal data that we specifically need for our purposes, and do not process or collect data unless it is required for this purpose.
• We will only use personal data for the purpose for which we collect it (unless another purpose is evaluated and deemed compatible).
• If required for non direct care uses, all identifiable data will be de-identified by pseudonymisation or anonymisation techniques to an appropriate standard that is in compliance with all relevant legislation
• We ensure that personal data is automatically protected in any IT system or business practice, so that individuals should not have to take any specific requests to protect their privacy.
• We provide the identity and contact information of those responsible for data protection to individuals.
• We adopt a ‘plain language’ policy for documentation so that individuals can easily understand what we are doing with their personal data and how that data should be managed.
• We provide individuals with information such as privacy notices so they can determine how we are using their personal data, and whether our policies are being properly enforced.
• We offer strong privacy as a default and respect individual preferences, wherever possible, for how data is used.
• We only use data processors that provide robust guarantees of their own technical and organisational measures for securely processing individual’s data.
• When we use other systems or products in our processing activities, we make sure that we only use those whose designers and manufacturers have taken data protection issues into account.
• We use privacy-enhancing technologies whenever applicable to assist us in complying with our data protection by design obligations.
• We have comprehensive polices and procedure in place regarding Data Protection and Privacy, and these polices are adhered to, and adherence is monitored and reviewed

[1] For the purposes of Article 25, “appropriate technical and organisational measures” are defined under Recital 78 of GDPR as:

• The protection of the rights and freedoms of natural persons with regard to the processing of personal data require that appropriate technical and organisational measures be taken to ensure that the requirements of this Regulation are met.
• In order to be able to demonstrate compliance with this Regulation, the controller should adopt internal policies and implement measures which meet in particular the principles of data protection by design and data protection by default.
• Such measures could consist, inter alia, of minimising the processing of personal data, pseudonymising personal data as soon as possible, transparency with regard to the functions and processing of personal data, enabling the data subject to monitor the data processing, enabling the controller to create and improve security features.
• When developing, designing, selecting and using applications, services and products that are based on the processing of personal data or process personal data to fulfil their task, producers of the products, services and applications should be encouraged to take into account the right to data protection when developing and designing such products, services and applications and, with due regard to the state of the art, to make sure that controllers and processors are able to fulfil their data protection obligations.
• The principles of Data Protection by Design and by Default should also be taken into consideration in the context of public tenders.

What happens with your information?

This is a short easy read to explain what Burley Park Medical Centre does with your information.

• • • • • • • This is called a privacy notice.

• • • • • • • It tells you about the information we have about you.

• • • • • • • It also tells you what we do with it and who we share it with.

If you want to see the full privacy notice please click here

• We are part of the National Health Service (NHS) in England.

• We provide you with medical care when you are ill

We need this information to make sure we give you the right treatment when you are ill

The information we may hold includes:

• Name and address
• Telephone number.
• Date of birth.
• Records of the times you have visited the doctor, and what happened
• Details of your family and support network.

We may have to share this information with others for your health and care services.

We will only do this if the law says we can.

We may also need special types of information about you including:

• Any health and safety concerns

• Race.

• Yes, there’s the General Data Protection Regulation, or GDPR for short.
• And there’s the Data Protection Act 2018.
• There are other laws too. Please see the full privacy notice for these.

We follow these laws to make sure your information is protected.

The law says that we must:

• Not keep information about you for longer than needed.
• Destroy your information securely when we have finished using your information.
• Make sure the information is correct.
• Let you know what information we hold, and why we need it.

• We make a computer record about you and your health.
• We use appropriate safety measures to help stop your information from being lost or used in the wrong way.

We take protecting your privacy very seriously.

• Only our staff who need to see your information are able to do so- these are people who need to access your information to help you.
• They use your information in strict confidence and it is not shared with anyone who doesn’t need to know.

• You have the right to ask for a copy of the information we hold about you.
• You have the right to let us know if we have made a mistake and ask us to correct it.
• You also have the right to complain to the Information Commissioner.

You have some other rights as well.

Please click here if you want to find out about your other rights.

Please contact us if you:

Are not happy with the way your information has been used

If you wish to use one of your rights

Please write to this address:

Burley Park Medical Centre

237 Burley Road, Leeds

LS4 2EL

You can also telephone us on 0113 2953850

And you can email us at this email address:

[email protected]

If you are still unhappy after contacting us, you can complain to the Information Commissioner.

This is the person in the UK who makes sure we look after your information.

Please write to this address:

The Information Commissioner,

Wycliffe House, Water Lane,

Wilmslow, Cheshire SK9 5AF.

You can telephone the Commissioner on:

0303 123 1113 (local rate) or 01625 545 745

Or send an email to this address:

[email protected]

The Information Commissioner’s website is: http://www.ico.org.uk

Sharing enables a clinician to get a full picture of all elements that affect your treatment.

Data shared with who and why?

Many GP practices in Leeds, the out of hours on-call Doctor service and many other organisations use the Leeds Care Records service to share information about your care

This means that if we refer you to a service that is already using Leeds Care Record, the person you go and see will have access to your GP record and visa versa. This allows for safer care and means you have to repeat your story less often.

What is shared?

All data unless specific items are marked as private.

How is the data shared?

Access is restricted to NHS Smartcard holders in Hospitals, Out of Hours Services, Community Health and GPs.

How is consent given?

Initial implied consent with explicit consent for a share in and out at each organisation.

How do I get more information?

For further detailed information on how the record sharing works in our system is available from the waiting room

We are in the process of asking your sharing preferences regarding your full detailed electronic record. We are telling you about this, as you have a choice to make. You can choose to share or not to share your full electronic record with other NHS care services where you are treated and whether we can view records held by those other services.

If you choose to make your record shareable, your clinical details will only viewable by clinical teams who are treating you.

Each clinical team which cares for you now or in the future will ask your permission to view your shared record. You can also ask for part of your record to be made private – not shareable. All record accesses are recorded and auditable. If you choose not to make your records shareable, we will respect your wishes and will do our best to make your care safe and efficient. However, denying the clinical teams caring for you the ability to access important clinical details could compromise your care.

You Have Two Choices:

• • Sharing Out – This controls whether your full electronic patient record can be shared with other NHS care services where you are treated.

Let us know if your records should be Shareable or Not Shareable.

• • Sharing In – This controls whether you agree for this service to view the information you’ve agreed to share at other NHS care services.

Let us know if we can view your shared record from elsewhere or if you do not want it to be viewable to us.

In the event of an emergency: In certain circumstances, such as if you are unconscious or there is a court order, healthcare staff may look at your record without asking you. If they have to do this, a note will be made on your record. If we share information without your permission, we will make sure that we keep to the Data Protection Act 1998, the NHS confidentiality code of practice and other national guidelines on best practice.

Transparency notice: how we use your personal data

This page sets out how we use personal data, in line with the General Data Protection Regulation (GDPR). It includes a register of processing activities, and your rights if information about you is included.

NHS Digital is the name we operate under. Our official name is the Health and Social Care Information Centre, which was created by the Health and Social Care Act 2012 as an executive non-departmental public body reporting to the Department of Health and Social Care.

Our legal duties include collecting, analysing and publishing health and care data, providing national technology infrastructure, producing information standards and providing advice and support on information and cyber security. Read more about NHS Digital.

This transparency notice provides information on our data processing activity.

Controller

NHS Digital is the Controller for most of our processing of personal data and is registered as required by Data Protection legislation.

Our Data Protection Officer is Kevin Willis, whose duties include monitoring internal compliance and advising the organisation on its data protection obligations, and can be contacted via [email protected].

Legal basis for processing

As an executive non-departmental body reporting to the Department of Health and Social Care most of our processing activity is directed by the Secretary of State for Health and Social Care. These directions create a legal obligation for our processing. Where we have a different legal basis to support a processing purpose this will be explained.

Your rights

Data protection laws in the UK give people a number of rights concerning their personal data. Not all rights apply equally to all our processing activity as certain rights are not available depending on the lawful basis for the processing.

When you view an entry in our register of processing activities, we have highlighted which rights apply and which may not. To help understand why some may not apply the following should help.

Examples of where rights may not apply – where our lawful basis is:

• Public Interest (Task) then rights of erasure, portability do not apply.
• Legal Obligation then rights of erasure, portability, objection, automated decision making and profiling do not apply

If you require further detail each link below will take you to the Information Commissioner’s Office’s website where further detail is provided in section ‘When does the right apply’.

These rights are:

1. Right to be informed
2. Right of access
3. Right to rectification
4. Right to erasure
5. Right to restrict processing
6. Right to data portability
7. Right to object
8. Rights in relation to automated decision making and profiling.

We want you to feel confident that we look after everyone’s personal data in line with the law. If you have any questions about your rights, you can get in touch with us at [email protected].

Your choices

You can also read more about other choices you have, including the national data opt out, which are provided over and above the rights that Data Protection Legislation gives you, giving you more control and confidence over how we use your data.

Requesting a copy of your information

Typically, we collect information from health and care organisations providing your care and would advise contacting them directly for a more complete record of your care or treatment. We do not hold your whole medical or care record.

Where we store and use personal data collected from care and treatment records, it is mostly held as codes rather than words. We will provide a list of codes used to help you understand the information we give you. If you would like to request a copy of your personal data that NHS Digital is processing then you will need to complete a Subject Access Request Form and email or post it to the contact details on the form.

Following your request, we may write back to you within the 30-day timeframe to request you to narrow or modify your requirements. This may also result in an extension of a further 60 days whilst we examine your request.

Sharing information

There are very strict rules about who can access the personal data we process, and what it can be used for. When information is shared with other organisations, these organisations have to go through our Data Access Request Service to make sure they will store it safely and legally, and they have a good reason for using it that will benefit health and care. Information is never passed to marketing or insurance companies without consent. We publish all of our data releases on our data release register

Data retention

All data is retained and erased in accordance with our Records Management Policy. Specific retention periods are identified within each processing purpose listed below. If a specific purpose requires a different retention period outside of our policy this will be explained.

Complaints

If you wish to raise a complaint concerning NHS Digital’s processing activity, visit our Feedback and Complaints page. You also have the right to raise a concern with the Information commissioner’s Office at any time.

Our infection control leads at the surgery are:

Mrs Lynne White (Practice Matron)

Mrs Sara Lane (Nurse Practitioner)

• The Practice has not had any outbreaks of infection in the year 2019 – 2020. 

• The Practice has had a triennial audit on 2nd August 2018 conducted by Mrs Liz Grogan (Senior Infection Prevention and Control Nurse Specialist, Leeds Community Health Care).  

We scored the following:

1. Environment 100% Compliant
2. Hand hygiene 100% Compliant
3. Personal protective equipment 100% Compliant
4. Prevention of blood and body fluid exposure incidents, including needle stick injuries  – 95% Compliant
5. Management of waste 100% Compliant
6. Equipment management 100% Compliant
7. Organisational controls (policies and procedures) 100% Compliant

We have conducted internal audits in the past year and acted on the results as needed.

• Our policies and procedures were updated on 10^th  August 2020.
• Our staff have yearly infection control training including hand hygiene training.

Statement dated. 10^th August 2020. Lynne White.

This Privacy Notice is also available in an easy read copy. Please click here

• Leeds GP Practice Privacy Notice

  Contents

  Who we are and what we do. 3

  The name and contact details of our organisation. 3

  The contact details of our data protection officer. 3

  What we do. 3

  Our Commitment to Data Privacy and Confidentiality. 3

  The categories of personal data we hold and the sources we obtain them from… 4

  How we use your personal data (the purposes of processing). 5

  For provision of direct care: 5

  Primary Care Networks. 5

  For commissioning and healthcare planning purposes: 5

  For research purposes: 6

  For safeguarding purposes, life or death situations or other circumstances when we are required to share information: 6

  When you request to see your information or ask us to share it with someone else: 6

  The lawful basis for the processing. 7

  Provision of direct care and related administrative purposes. 7

  For commissioning and healthcare planning purposes. 7

  For planning and running the NHS (other mandatory flow). 7

  For planning & running the NHS – national clinical audits. 7

  For research. 7

  For safeguarding or other legal duties. 8

  When you request us to share your information e.g., subject access requests. 8

  The recipients and categories of recipients of personal data. 8

  The details of transfers of the personal data to any third countries or international organisations. 8

  Retention periods for your personal data. 9

  The rights available to you in respect of data processing. 9

  Right to be informed. 9

  The right of access. 9

  The right to rectification. 9

  The right to erasure. 9

  The right to restrict processing. 10

  The right to object 10

  Rights in relation to automated decision making and profiling. 10

  The right to data portability. 10

  The right to withdraw consent 10

  The right to lodge a complaint with a supervisory authority. 11

   

  Who we are and what we do Burley Park Medical Centre was opened in June 1988 and is owned and run by the doctors of the practice. The practice consists of doctors, nurses, reception and administration staff and allied health care workers and looks after over 13 000 patients. We offer a wide range of health care services to the local community in purpose built premises. We aim to provide a friendly, patient focused, high quality level of care to our diverse group of patientsThe name and contact details of our organisation.

  Name: Burley Park Medical Centre

  Address: 273 Burley Road, Leeds, LS4 2EL

  The contact details of our data protection officer

  Our Data Protection Officer is Leeds ICB and they can be contacted on: 0113 8435470

  What we do

  As a GP practice we are responsible for your day to day medical care and the purpose of this notice is to inform you of the type of information that we hold about you, how that information is used for your care, our legal basis for using the information, who we share this information with and how we keep it secure and confidential.

  It covers information we collect directly from you (that you have either provided to us, or from consultations with staff members), or we collect from other organisations who manage your care (such as hospitals or community services).

  We are required by law to maintain records about your health and treatment, or the care you have received within any NHS service.

  Our Commitment to Data Privacy and Confidentiality

  As a Practice, we are committed to protecting your privacy and will only process data in accordance with the General Data Protection Regulation (GDPR), the Data Protection Act 2018, the Common Law Duty of Confidentiality, professional codes of practice, the Human Rights Act 1998 and other appropriate legislation.

  Everyone working for the Practice has a legal and contractual duty to keep information about you confidential. All our staff receive appropriate and ongoing training to ensure that they are aware of their personal responsibilities and their obligations to uphold confidentiality.

   

  Staff are trained to ensure how to recognise and report any incident and the organisation has procedures for investigating, managing and learning lessons from any incidents that occur.

   

   

   

  All identifiable information that we hold about you in an electronic format will be held securely and confidentially in secure hosted servers that pass stringent security standards.

   

  Any companies or organisations we use we may use to process your data are also legally and contractually bound to operate under the same security and confidentiality requirements.

   

  All identifiable information we hold about you within paper records is kept securely and confidentially in lockable cabinets with access restricted to appropriately authorised staff.

   

  As an organisation we are required to provide annual evidence of our compliance with all applicable laws, regulations and standards through the Data Security and Protection toolkit.

   

  Your information will not be sent outside of the United Kingdom where the laws do not protect your privacy to the same extent as the law in the UK. We will never sell any information about you.

   

  In addition to our Data Protection Officer, we also have a senior person within the practice who is responsible for protecting the confidentiality of our records and ensuring that any use of your data is fair and appropriate- this person is the Caldicott Guardian. The Caldicott Guardian for the practice is: Dr. Neil Lawton

  The practice is registered with the Information Commissioners Office as a Data Controller- our registration number is: Z5355613 and you can view our registration here

  https://ico.org.uk/ESDWebPages/Entry/Z5355613

  We will endeavour to maintain our duty of confidentiality to you at all times and will only share data about you if we genuinely believe that it would improve the care we provide for you.

  Other than for the purposes of direct care or indirect care (such as healthcare planning), we will only share your information without your permission when we are required to do so under exceptional circumstances (such as a serious risk to yourself and others) or if it is required by law.

   

  The categories of personal data we hold and the sources we obtain them from

  • Details about you, such as your name, address, carers, biological gender, gender identity, ethnic origin, date of birth, legal representatives and emergency contact details are collected from you when you register with the practice via the GMS1 form and new patient questionnaire you fill in when your register.
  • Information that you provide about your health when you consult with healthcare professionals at the practice, which will be recorded in your notes

   

   

  • Any contact the surgery has with you, such as appointments, clinic visits, emergency appointments, etc. are recorded on our clinical system

   

  • Notes and reports about your health- your historic notes are transferred to us from your old practice- this can happen electronically and your paper notes are transferred via an organisation called Primary Care Support England

   

  • Results of investigations such as laboratory tests, x-rays, etc. which are sent to the practice electronically from hospitals

   

  • Any consultations you may have had with “extended access” hubs, which the practice is part of.

   

  • We are routinely informed of any A&E visits or outpatient appointments at local hospitals

   

  • We are routinely advised of any contact with out of hours providers or NHS111

   

  • We are hold details of any other relevant information from other health professionals, relatives or those who care for you. All information flows within the practice are routinely mapped as part of our GDPR compliance and compliance with the Data Security and Protection toolkit.

   

  How we use your personal data (the purposes of processing).

  As health professionals, we maintain records about you in order to support your care. By registering with the practice, your existing records will be transferred to us from your previous practice so that we can keep them up to date while you are our patient and if you do not have a previous medical record (a new-born child or coming from overseas, for example), we will create a medical record for you.

  We take great care to ensure that your information is kept securely, that it is up to date, accurate and used appropriately. All of our staff are trained to understand their legal and professional obligations to protect your information and will only look at your information if they need to.

   

  For provision of direct care:

  In the practice, individual staff will only look at what they need in order to carry out such tasks as booking appointments, making referrals, giving health advice or provide you with care.

  Primary Care Networks:

  All practices in the UK are members of a Primary Care Network (PCN), which is a group of practices who have chosen to work together and with local community, mental health, social care, pharmacy, hospital and voluntary services to provide care to their patients.

  PCNs are built on the core of current primary care services and enable greater provision of proactive, personalised, coordinated and more integrated health and social care.

  We are members of Woodsley PCN along with Hyde Park Surgery, Craven Road Medical Practice, Laurel Bank Surgery, Burton Croft Surgery, Kirkstall Lane Medical Centre and Vesper Road Surgery.This arrangement means that practices within the same PCN may share data with other practices within the PCN, for the purpose of patient care (such as extended hours appointments and other services), Each practice within the PCN is part of a stringent data sharing agreement that means that all patient data shared is treated with the same obligations of confidentiality and data security.

   

  Care Quality Commission (CQC)

  All practices have regular visits from CQC where they monitor, inspect and regulate services to make sure they meet fundamental standards of quality and safety and they publish what they find, including performance rating to help people choose care. They may need to access patients medical record or personal data as part of their regulatory process.  You can read their privacy notice for more information https://www.cqc.org.uk/about-us/our-policies/privacy-statement

   

  For commissioning and healthcare planning purposes:

  In some cases, for example when looking at population healthcare needs, some of your data may be shared (usually in such a way that you cannot be identified from it). The following organisations may use data in this way to inform policy or make decisions about general provision of healthcare, either locally or nationally.

  • Leeds City Council: Public Health, Adult or Child Social Care Services
  • Leeds Clinical Commissioning Group (or their approved data processors)
  • NHS Digital (Formerly known as (HSCIC)
  • The “Clinical Practice Research Datalink” (EMISWeb practices)
  • Other data processors which you will be informed of as appropriate.

   

  In order to comply with its legal obligations we may send data to NHS Digital when directed by the Secretary of State for Health under the Health and Social Care Act 2012.

  This practice contributes to national clinical audits and will send the data which are required by NHS Digital when the law allows. This may include demographic data, such as date of birth, and information about your health which is recorded in coded form, for example, the clinical code for diabetes or high blood pressure.

  For research purposes:

  Research data is usually shared in a way that individual patients are non-identifiable.  Occasionally where research requires identifiable information you may be asked for your explicit consent to participate in specific research projects.  The surgery will always gain your consent before releasing any information for this purpose, unless the research has been granted a specific exemption from the Confidentiality Advisory Group of the Health Research Authority

   

  Where specific information is asked for, such as under the National Diabetes audit, you will be given the choice to opt of the audit.

  For safeguarding purposes, life or death situations or other circumstances when we are required to share information:

  We may also disclose your information to others in exceptional circumstances (i.e. life or death situations) or in accordance with Dame Fiona Caldicott’s information sharing review (Information to share or not to share).

  For example, your information may be shared in the following circumstances:

  • When we have a duty to others e.g. in child protection cases
  • Where we are required by law to share certain information such as the birth of a new baby, infectious diseases that may put you or others at risk or where a Court has decided we must.

   

  Notification to patients for the digitisation of Lloyd George records

  From the 23^rd November 2022 Burley Park Medical Centre, in conjunction Leeds and CKW- ICB’s, will be conducting a project to digitise all of our historic paper based patient medical records commonly known as Lloyd George medical records. Digitising these records will enable better utilisation of practice space, increase security as well as making the full patient record easily accessible at the point of care to clinical staff within the practice. On completion of the digitisation process, paper based records will be securely destroyed. The scanning and destruction of the paper records will follow strict data protection guidelines adhered to by the NHS. If you wish to discuss the scheme, please inform the Practice direct either by letter or via e-mail [email protected]

  The NHS Long Term plan published in 2019 requires the digitisation of all primary care paper medical records, commonly known as ‘Lloyd George’ records or ‘A4 medical records’

  Having paper based medical records restricts the use of technology to provide ‘joined up’ services and therefore the current paper records will be transferred to a digital format and then destroyed.

  This will involve the current patient paper medical records being scanned and then entered directly into a patient’s electronic medical record. This work will be completed by a third-party suppliers, Civica and Gateway Bureau Services), whose security standards have been reviewed by IG and the National Commercial and Procurement Team.

  We are required by Data Protection law to provide you with the following information about how we handle your information.

  Data Controller contact details	Burley Park Medical Centre 273 Burley Road Leeds LS4 2EL
  Data Protection Officer contact details	Please see page 1 of the privacy notice
  Purpose of the processing	Transferring the current paper medical records into patients’ electronic medical records.
  Lawful basis for processing	The following provisions of the General Data Protection Regulation permit us to digitise existing paper medical records:   Article 6(1)(e) – ‘processing is necessary…in the exercise of official authority vested in the controller…’’   Article 9(2)(h) – ‘processing is necessary for the purpose of preventative…medicine…the provision of health or social care or treatment or the management of health or social care systems and services…’
  Recipient or categories of recipients of the processed data	The paper patient records will be shared with CIVICA, who will scan and digitise the current paper medical records before destroying them.
  Right to access and correction	You have the right to access your medical record and have any errors or mistakes corrected. Please speak to a member of staff.
  Retention period	GP medical records will be kept in line with the law and national guidance. Information on how long records can be kept can be found within the NHS Records Management Code of Practice 2021 or speak to the Practice. The paper medical records will be destroyed 60 days after they are transferred to an electronic format and written confirmation received from the practice in accordance with national standards

   

  Digitisation of Paper Medical Records – Privacy Notice v1.1

  The practice holds medical records to provide medical treatment and advice and patients have a relationship with a GP in order for them to be provide health and care service to you. We therefore do not require your consent to transfer these papers records to an electronic format.

  Please note that information about your rights covered by Data Protection legislation and the complaints procedure are detailed in the Practice’s Main Privacy Notice

  Details of Supplier:

  CIVICA – Vanguard House, Dewsbury Road, Leeds LS11 5DD

  Gatway Bureau Services Ltd – Unit S, Lockwood Way, Leeds LS11 5TH

  About us | Civica

   

  When you request to see your information or ask us to share it with someone else:

  If you ask us to share your data, often with an insurance company, solicitor, employer or similar third party, we will only do so with your explicit consent. Usually the requesting organisation will ask you to confirm your consent, often in writing or electronically. We check that consent before releasing any data and you can choose to see the information before we send it.

   

  The lawful basis for the processing.

  We are required to tell you the legal basis that is used for the various ways we process and use your data. In order to process your personal data we must specify a lawful basis and if we process any personal  data that is deemed to be “special category” data we must also specify a separate condition for processing special category data.

  The following table sets the main ways your personal data may be used and the corresponding legal basis and category of data. Each purpose is covered in more detail within this notice to explain what these mean in more practical terms.

  Purpose of using personal data	Legal basis of processing	Special category of data
  Provision of direct care and related administrative purposes e.g., Consultations, referrals to hospitals or other care providers	GDPR Article 6(1)(e) – the performance of a task carried out in the public interest	GDPR Article  9(2)(h) – medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems.
  For commissioning and healthcare planning purposes e.g., collection of mental health data set via NHS Digital or local	GDPR Article 6(1)(c) – compliance with a legal obligation	GDPR Article 9(2)(h) – medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems. Special category 9(2)(i) – public interest in the area of public health
  For planning and running the NHS (other mandatory flow) e.g., CQC powers to require information and records	GDPR Article 6(1)(c) – compliance with a legal obligation (the GP practice) Regulation 6(1)(e) – the performance of a task carried out in the public interest (CQC)	GDPR Article 9(2)(h) – medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems. Special category 9(2)(i) – public interest in the area of public health
  For planning & running the NHS – national clinical audits	GDPR Article 6(1)(e) – the performance of a task carried out in the public interest	GDPR Article 9(2)(h) – medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems. Special category 9(2)(i) – public interest in the area of public health
  For research	GDPR Article 6(1)(f) – legitimate interests…except where such interests are overridden by the interest or fundamental rights and freedoms of the data subject. GDPR Article 6(1)(e) – the performance of a task carried out in the public interest GDPR Article 6(1)(a) – explicit consent	GDPR Article 9(2)(j) – scientific or historical research purposes or statistical purposes
  For safeguarding or other legal duties	GDPR Article 6(1)(e) – the performance of a task carried out in the public interest Regulation 6(1)(c) – compliance with a legal obligation	GDPR Article 9(2)(b) – purposes of carrying out the obligations of ..social protection law.
  When you request us to share your information e.g., subject access requests	GDPR Article 6(1)(a) – explicit consent	GDPR Article 9(1)(a) – explicit consent

  The recipients and categories of recipients of personal data.

  We share information about you with other health professionals where they have a genuine need for it to support your care, as follows.

  Recipient of data	Reason or purpose
  Leeds Care Record	Primary, secondary or emergency care
  Summary Care Record (SCR)	Secondary or emergency care
  Leeds Teaching Hospitals Trust	Secondary or emergency care
  ·         Other national providers of health care who you choose to be referred to, in consultation with your healthcare professional	Secondary or specialist care
  Leeds & York Partnership Foundation Trust	Mental health & learning disability services
  Mid-Yorkshire Hospitals Trust	Diabetic eye-screening services
  Leeds Community Healthcare Trust	District Nursing and other community services
  NHS National Diabetes Prevention Programme	Information and lifestyle education
  Local Care Direct	Out of Hours primary care provider
  Leeds City Council	Social Care services
  Connect Well/PEP or other similar service	Social prescribing
  “One You”	Provider of heathy lifestyle services
  Forward Leeds	Provider of drug & alcohol services
  Federated GP services and Primary Care Networks	Providers of extended access appointments over the telephone and at local hubs and other services

   

  From time to time we may offer you referrals to other providers, specific to your own health needs- in these cases we will discuss the referral with you and advise you that we will be sharing your information (generally by referral) with those organisations.

  The details of transfers of the personal data to any third countries or international organisations.

  As a GP surgery, the only occasions when this would occur would be if you specifically requested this to occur- the practice will never routinely send patient data outside of the UK where the laws do not protect your privacy to the same extent as the law in the UK.

  Retention periods for your personal data.

  As long as you are registered as a patient with the surgery, your paper records are held at the practice along with your GP electronic record. If you register with a new practice, they will initiate the process to transfer your records. The electronic record is transferred to the new practice across a secure NHS data-sharing network and all practices aim to process such transfers within a maximum of 8 working days. The paper records are then transferred which can take longer. Primary Care Services England also look after the records of any patient not currently registered with a practice and the records of anyone who has died.

  Once your records have been forwarded to your new practice (or after your death forwarded to Primary Care Services England), a cached version of your electronic record is retained in the practice and classified as “inactive”. If anyone has a reason to access an inactive record, they are required to formally record that reason and this action is audited regularly to ensure that all access to inactive records is valid and appropriate.  We may access this for clinical audit (measuring performance), serious incident reviews, or statutory report completion (e.g., for HM Coroner).

  A summary of retention periods for medical records can be found on the BMA website

  The rights available to you in respect of data processing.

  Under the GDPR all patients have certain rights in relation to the information which the practice holds about them. Not all of these will rights apply equally, as certain rights are not available depending on situation and the lawful basis used for the processing- for reference these rights may not apply are where the lawful basis we use (as shown in the above table in the section on “lawful bases”) is:

   

  • Processing is necessary for the performance of a task carried out in the exercise of official authority vested in the controller – in these cases the rights of erasure and portability will not apply.
  • Legal Obligation – in these cases the rights of erasure, portability, objection, automated decision making and profiling will not apply.

   

  Right to be informed

  You have the right to be informed of how your data is being used. The propose of this document is to advise you of this right and how your data is being used by the practice

  The right of access

  You have the right of access You have the right to ask us for copies of your personal information- this right always applies. There are some exemptions, which means you may not always receive all the information we process.

  The right to rectification

  You have the right to ask us to rectify information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete. This right always applies.

  The right to erasure

  You have the right to ask us to erase your personal information in certain circumstances- This will not generally apply in the matter of health care data

  The right to restrict processing

  You have the right to ask us to restrict the processing of your information in certain circumstances– You have to right to limit the way in which your data is processed if you are not happy with the way the data has been managed.

  The right to object

  You have the right to object to processing if you disagree with the way in which part of your data is processed you can object to this- please bear in mind that this may affect the medical services we are able to offer you

  Rights in relation to automated decision making and profiling.

  Your rights in relation to automated processing– Sometimes your information may be used to run automated calculations. These can be as simple as calculating your Body Mass Index or ideal weight but they can be more complex and used to calculate your probability of developing certain clinical conditions, and we will discuss these with you if they are a matter of concern.

  Typically, the ones used in the practice may include:

  Qrisk– a cardiovascular risk assessment tool which uses data from your record such as your age, blood pressure, cholesterol levels etc to calculate the probability of you experiencing a cardiovascular event over the next ten years.

  Qdiabetes– a diabetes risk assessment tool  which uses your age, blood pressure, ethnicity data etc to calculate the probability of you developing diabetes.

  CHADS – an assessment tool which calculates the risk of a stroke occurring for patients with atrial Fibrillation

  This is not an exhaustive list- other tools may be used depending on your personal circumstances and health needs, however whenever we use these profiling tools, we assess the outcome on a case-by-case basis. No decisions about individual care are made solely on the outcomes of these tools, they are only used to help us us assess your possible future health and care needs with you and we will discuss these with you.

  The right to data portability

  Your right to data portability This only applies to information you have given us- you have the right to ask that we transfer the information you gave us from one organisation to another, or give it to you. The right only applies if we are processing information based on your consent or under a contract, and the processing is automated, so will only apply in very limited circumstances

  The right to withdraw consent

  Because under the provisions of Data Protection Law most of the data processing activities carried out by the practice are not done under the “lawful basis” of consent you cannot withdraw consent as such, however if you are not happy with the way your data is being processed you do have the right to object and the right to ask us to restrict processing.

  There is a new national opt-out that allows people to opt out of their confidential patient information being used for certain reasons other than their individual care and treatment. The system offers patients and the public the opportunity to make an informed choice about whether they wish their personally identifiable data to be used just for their individual care and treatment or also used for research and planning purposes. Details of the national patient opt out can be found online.

   

  In the past, you may have already chosen to prevent your identifiable data leaving NHS Digital, known as a Type 2 opt-out. All existing Type 2 opt-outs will be converted to the new national data opt-out and this will be confirmed by a letter to all individuals aged 13 or over with an existing Type 2 objection in place. Once the national data opt-out is launched, it will no longer be possible to change preferences via local GP practices.

  The right to lodge a complaint with a supervisory authority.

  If you are happy for your information to be used, and where necessary shared, for the purposes described in this notice then you do not need to do anything.

  Should you have any concerns about how your information is managed at the practice, please contact us.

  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: ico.org.uk
  • Email: [email protected]
  • Telephone: 0303 123 1113 (local rate) or 01625 545 745
  • Or by mail: The Information Commissioner

  Wycliffe House

  Water lane

  Wilmslow

  Cheshire

  SK9 5AF

How we collect information about you and how that information may be used.

Overview

All the health care professionals that look after you maintain records about your health and any treatment or care that you have previously received. This includes hospitals, GP surgeries, walk-in clinics etc.

NHS health records may be electronic, paper-base or a mixture of both and we will ensure that all your information is kept confidential and secure.

Information which this GP Practice holds about you may include:

• Details about you, such as your address, carer, legal representative, emergency contacts
• Any contact the surgery has had with you in the past, 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

Your records are used to ensure you receive the best possible care. Information held about you may also be used to help protect the health of the public and for a 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 make sure that individual patients cannot be identified. Occasionally your information may also be requested for research purposes. The practice will always ask for your consent before agreeing to do this.

Identifying patients’ health risks

Risk identification tools are increasingly being used in the NHS to help understand a patient’s risk of suffering from a particular condition in the future. As once we know this we can offer preventative 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 using software managed by NHS England. Risk stratification enables your GP to focus on preventing ill health and offer you additional services to help you not to become ill in the future. Please note that you have the right to opt-out of your data being used in this way.

Medicines Management

The Practice may carry out reviews of the medications prescribed to its patients to ensure that all patients are receiving the most appropriate, up to date and cost-effective treatments.

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:

• Data Protection Act 2018
• GDPR 2018
• 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 Caldicott’s information sharing review 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 Caldicott 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
• GPs
• 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
• 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 to happen.

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.

Primary Care Services at Emergency Departments

Your GP surgery is working together with hospitals in Leeds to make sure you receive the care you need, when you need it. This means that if you ever need to go to the Accident and Emergency Department in a Leeds hospital, the doctor who sees you will be able to see your GP health record to determine the best way to help you.

This access is currently made via the Summary Care Record , although this will soon be changed to access via another data sharing model called Leeds Care Record. If you have previously indicated that you do NOT want your data to be shared using either or both of these mechanisms, this dissent will still stand and your records will be inaccessible without your explicit consent.

Access To Personal Information

You have a right, under the Data Protection Act 1998, 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:

• Your request must be made in writing to the GP – for information from the hospital you should write direct to them
• There may be a charge to receive a printed copy of the information
• We are required to respond to you within 40 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

Objections/Complaints

Should you have any concerns about how your information is managed, please contact our Practice Manager at Burley Park Medical Centre. If you are still unhappy, following a review by the Practice you can complain to the Information Commissioners Office (ICO) via their website, email: [email protected], Tel: 0303 123 1113 (local rate) or 01625 545 745.

Cookies

We do not use cookies on this website.

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 so that we can amend this. 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 the purposes for which they process personal and sensitive information. This information is publicly available on the Information Commissioner’s website. The practice is registered with the Information Commissioners Office (ICO).

Who is the Data Controller?

The Data Controller, responsible for keeping your information secure and confidential is Dr Neil Lawton (on behalf of Burley Park Medical Centre)