Privacy Notice

The Humbleyard Practice

Cringleford Hethersett & Mulbarton Surgeries

Drs. Rowe, Murugappan, Dhorajiwala, Epstein, Markham, Cohen & James

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 1998 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

Data Controller

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 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 centre, social services). These records may be electronic, paper 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
  • Deliver preventative medicine, medical diagnosis, medical research
  • Perform research and tasks in the public’s interest

How do we use this information?

The information on our clinical system is accessible to all of our clinical staff so that they can provide the best medical/clinical care safely in an informed manner.

To ensure that you receive the best possible care, your records will be used to facilitate the care you receive. Information held about you may be used within research to protect the health of the public and to help us manage the NHS. Information may also be used for clinical audit to monitor the quality of the service provided. In addition, your information may be used to identify whether you are at risk of a future unplanned hospital admission and/or require support to effectively manage a long term condition.

How is the information collected?

Your information will be collected either electronically using secure NHS Mail or a secure electronic transfer 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:

  • Norfolk Community Health and Care Trust (NCHC)
  • Norfolk and Norwich University NHS Foundation Trust (NNUH)
  • Queen Elizabeth Hospital Kings Lynn (QEH KL)
  • James Paget University Hospital (JPUH)
  • Norfolk and Suffolk Foundation Trust (NSFT)
  • Other hospitals that you choose to provide your care
  • IC24 – 111 and Out of Hours Service
  • East of England Ambulance Trust (EEAST)
  • Norfolk County Council (Adult Social Services and Community Care)
  • Other GP Practices who may be involved with your health-care
  • Voluntary Support Organisations commissioned to provide services by Norwich CCG
  • Econsult

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.

Who do we receive information from?

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”.

Confidentiality

How do we maintain the confidentiality of your records?

We need to hold personal information about you on our computer system and in paper records to help us to look after your health needs.

Please help to keep your record up to date by informing us of any changes to your circumstances. Clinical staff and some administrative staff employed by this practice have a variable degree of access to your records in accordance with what they require to do their job.

We do share some information with clinical staff who are not employed by the practice as appropriate i.e. midwife, physiotherapist. All staff within, or attached, to the practice have been trained regarding confidentiality issues and have a contractual duty to keep your details private. We may also supply information to hospital staff if you have been referred for specialist care. In order to refer you to a hospital, the practice now has to use a national system (NHS e-Referral Service) which does give some administrative staff outside the practice some access to aspects of you medical details.

All information about you is held securely and appropriate safeguards are in place to prevent accidental loss.

In some circumstances, we may be required by law to release your details to statutory or other official bodies, for example if a court order is presented, or in the case of public health issues. In other circumstances you may be required to give written consent before information is released – such as for medical reports for insurance, solicitors etc…

To ensure your privacy, we will not disclose information over the telephone or fax unless we are sure that we are talking to you. Information will not be disclosed to family, friends or spouses unless we have prior written consent, and we do not leave messages with others.

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 including it as a contractual requirement in staff contracts, conducting 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, we 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. We will contact you if we 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 at any time for any particular instance of processing, provided consent is the legal basis for the processing. Please contact us for further information and to raise your objection.

Health Risk Screening/Risk Stratification

Health risk screening or risk stratification is a process that can help GPs 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 may 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.

Sharing of Electronic Patient Records within the NHS

Electronic patient records are kept in most places where you receive healthcare. Our local electronic systems (EMIS)is capable of allowing 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 England has implemented the Summary Care Record which contains information about medication you are taking, allergies you suffer from and any bad reactions to medication that you have had in the past.

If you would like to read further information about the SCR, you should visit:

https://digital.nhs.uk/services/summary-care-records-scr

Your electronic health record contains lots of information about you. In most cases, particularly for patients with complex conditions and care arrangements, the shared record plays a useful role in delivering the best care and a coordinated response, taking into account all aspects of a person’s physical and mental health. Patients may not always be 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 Right of Access to Your Records (Access to Medical Records)

The Data Protection Act 1998 and GDPR 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 go to your surgery with photographic identification. They will provide you with a form to complete ‘Application for online access to my medical record’ to start the process.

Complaints

In the event that you feel that we (The Humbleyard 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 accordance with our complaints policy.

COVID-19

This practice is supporting vital coronavirus (COVID-19) planning and research by sharing your data with NHS Digital. For more information about this see: