How Brampton Medical Practice uses your information to provide you with healthcare
This practice keeps medical records confidential and complies with the General Data Protection Regulation.
We hold your medical record so that we can provide you with safe care and treatment.
We will also use your information so that this practice can check and review the quality of the care we provide. This helps us to improve our services to you.
- We will share relevant information from your medical record with other health or social care staff or organisations when they provide you with care. For example, your GP will share information when they refer you to a specialist in a hospital. Or your GP will send details about your prescription to your chosen pharmacy.
- For more information on how we share your information with organisations who are directly involved in your care please contact us.
- Healthcare staff working in A&E and out of hours care will also have access to your information. For example, it is important that staff who are treating you in an emergency know if you have any allergic reactions. This will involve the use of your Summary Care Record unless you have opted out and/or your individual care plan. For more information see: https://digital.nhs.uk/summary-care-records or if you would like to add additional information to your care record such as long term conditions, care preferences or specific communications needs please contact us.
- You have the right to object to information being shared for your own care. Please speak to the practice if you wish to object. You also have the right to have any mistakes or errors corrected.
Other important information about how your information is used to provide you with healthcare
Registering for NHS care
· All patients who receive NHS care are registered on a national database.
· This database holds your name, address, date of birth and NHS Number but it does not hold information about the care you receive.
· The database is held by NHS Digital, a national organisation which has legal responsibilities to collect NHS data.
· More information can be found at: https://digital.nhs.uk/ or by telephone for general enquiries which is:
0300 303 5678 (9am to 5pm Monday to Friday excluding bank holidays)
Alternatively you can email the customer service centre at email@example.com
· Some patients also have a paper record. These are held offsite in a certified storage facility registered with the Information Commissioner. These records can only be retrieved by staff authorized to do so.
Identifying patients who might be at risk of certain diseases
· Your medical records will be searched by a computer program so that we can identify patients who might be at high risk from certain diseases such as heart disease or unplanned admissions to hospital.
· This means we can offer patients additional care or support as early as possible.
· This process will involve linking information from your GP record with information from other health or social care services you have used.
· Information which identifies you will only be seen by this practice.
· Sometimes we need to share information so that other people, including healthcare staff, children or others with safeguarding needs, are protected from risk of harm.
· These circumstances are rare.
· We do not need your consent or agreement to do this.
· A copy of the practice Safeguarding Children Policy is available on request.
We are required by law to provide you with the following information about how we handle your information.
Data Controller contact details
Brampton Medical Practice
Data Protection Officer contact details
Practice lead : Tracie Webb
Independent Data Protection Officer: DPO@cumbria.nhs.uk
Purpose of the processing
· To give direct health or social care to individual patients.
· For example, when a patient agrees to a referral for direct care, such as to a hospital, relevant information about the patient will be shared with the other healthcare staff to enable them to give appropriate advice, investigations, treatments and/or care.
· To check and review the quality of care. (This is called audit and clinical governance).
Lawful basis for processing
These purposes are supported under the following sections of the GDPR:
Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services...”
Healthcare staff will also respect and comply with their obligations under the common law duty of confidence.
Recipient or categories of recipients of the processed data
The Practice will share data with relevant organisations and individuals. Examples (not exhaustive) are listed below but only with a lawful process condition to do so:
· healthcare professionals (and others if they are involved in your care);
· local hospitals;
· out of hours services;
· diagnostic and treatment centres;
· other organisations involved in the provision of direct care to individual patients.
· Our patients
· Family, associates and representatives of the person whose personal data we are processing
· Staff of the practice meaning employees and workers who are retained under contract and who are line managed by the Practice.
· Current, past or potential employers
· Healthcare social and welfare organisations
· Suppliers, service providers, legal representatives,
· Auditors and audit bodies
· Educators and examining bodies
· Research organisations
· People making an enquiry or complaint
· Financial organisations
· Professional advisors and consultants
· Business associates
· Police forces
· Security organisations
· Central and local government
· Voluntary and charitable organisations
Rights to object
· You have the right to object to information being shared between those who are providing you with direct care.
· This may affect the care you receive – please speak to the practice.
· You are not able to object to your name, address and other demographic information being sent to NHS Digital. This is necessary if you wish to be registered to receive NHS care.
· You are not able to object when information is legitimately shared for safeguarding reasons.
· In appropriate circumstances it is a legal and professional requirement to share information for safeguarding reasons. This is to protect people from harm.
· The information will be shared with the local safeguarding service via the Safeguarding Hub
Tel no: 0333 240 1727
Fax no: 01228 221 572
Right to Automated Decision Making
As an organisation we currently do not undertake any automated decision making activities.
Right to access and correct
You have the right to access your medical record and have any errors or mistakes corrected. Please speak to a member of staff or look at our ‘subject access request’ policy on the practice website.
GP medical records will be kept in line with the law and national guidance. Information on how long records are kept can be found at: https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016
or speak to the practice.
Right to complain
If you have a complaint about the Practice we will use your information to communicate with you and investigate any complaint. Please note that the complaint will not form part of your health care record.
Please contact the practice on 016977 2551.
You have the right to complain to the Information Commissioner’s Office. If you wish to complain follow this link https://ico.org.uk/global/contact-us/ or call the helpline 0303 123 1113
Data we get from other organisations
We receive information about your health from other organisations who are involved in providing you with health and social care. For example, if you go to hospital for treatment or an operation the hospital will send us a letter to let us know what happens. This means your GP medical record is kept up-to date when you receive care from other parts of the health service.
The practice records calls to ensure the safety of patients and to identify training requirements for our staff. This data is not identifiable or linked to your patient record, is held securely and is not shared with anyone.
Brampton Medical Practice is one of many organisations working in the health and care system to improve care for patients and the public.
Whenever you use a health or care service, such as attending Accident & Emergency or using Community Care services, important information about you is collected in a patient record for that service. Collecting this information helps to ensure you get the best possible care and treatment.
The information collected about you when you use these services can also be used and provided to other organisations for purposes beyond your individual care, for instance to help with:
• improving the quality and standards of care provided
• research into the development of new treatments
• preventing illness and diseases
• monitoring safety
• planning services
This may only take place when there is a clear legal basis to use this information. All these uses help to provide better health and care for you, your family and future generations. Confidential patient information about your health and care is only used like this where allowed by law.
Most of the time, anonymised data is used for research and planning so that you cannot be identified in which case your confidential patient information isn’t needed.
You have a choice about whether you want your confidential patient information to be used in this way. If you are happy with this use of information you do not need to do anything. If you do choose to opt-out your confidential patient information will still be used to support your individual care.
To find out more or to register your choice to opt out, please visit www.nhs.uk/your-nhs-data-matters. On this web page you will:
· See what is meant by confidential patient information
· Find examples of when confidential patient information is used for individual care and examples of when it is used for purposes beyond individual care
· Find out more about the benefits of sharing data
· Understand more about who uses the data
· Find out how your data is protected
· Be able to access the system to view, set or change your opt-out setting
· Find the contact telephone number if you want to know any more or to set/change your opt-out by phone
· See the situations where the opt-out will not apply
You can also find out more about how patient information is used at:
https://www.hra.nhs.uk/information-about-patients/ (which covers health and care research); and
https://understandingpatientdata.org.uk/what-you-need-know (which covers how and why patient information is used, the safeguards and how decisions are made)
You can change your mind about your choice at any time.
Data being used or shared for purposes beyond individual care does not include your data being shared with insurance companies or used for marketing purposes and data would only be used in this way with your specific agreement.
This practice is supporting vital health and care planning and research by sharing your data with NHS Digital. For more information about this please see the GP Privacy Notice for General Practice Data for Planning and Research from the link below.
Data Sharing During a Pandemic
There are specific guidelines for the use of Personal Data during a Pandemic which are outlined below.
Brampton Medical Practice is supporting vital coronavirus (COVID-19) planning and research by sharing your data with NHS Digital.
The health and social care system is facing significant pressures due to the coronavirus (COVID-19) outbreak. Health and care information is essential to deliver care to individuals, to support health, social care and other public services and to protect public health. Information will also be vital in researching, monitoring, tracking and managing the coronavirus outbreak. In the current emergency it has become even more important to share health and care information across relevant organisations. This practice is supporting vital coronavirus planning and research by sharing your data with NHS Digital, the national safe haven for health and social care data in England.
Our legal basis for sharing data with NHS Digital
NHS Digital has been legally directed to collect and analyse patient data from all GP practices in England to support the coronavirus response for the duration of the outbreak. NHS Digital will become the controller under the General Data Protection Regulation 2016 (GDPR) of the personal data collected and analysed jointly with the Secretary of State for Health and Social Care, who has directed NHS Digital to collect and analyse this data under the COVID-19 Public Health Directions 2020 (COVID-19 Direction).
All GP practices in England are legally required to share data with NHS Digital for this purpose under the Health and Social Care Act 2012 (2012 Act). More information about this requirement is contained in the data provision notice issued by NHS Digital to GP practices.
Under GDPR our legal basis for sharing this personal data with NHS Digital is Article 6(1)(c) - legal obligation. Our legal basis for sharing personal data relating to health, is Article 9(2)(g) – substantial public interest, for the purposes of NHS Digital exercising its statutory functions under the COVID-19 Direction.
The type of personal data we are sharing with NHS Digital
The data being shared with NHS Digital will include information about patients who are currently registered with a GP practice or who have a date of death on or after 1 November 2019 whose record contains coded information relevant to coronavirus planning and research. The data contains NHS Number, postcode, address, surname, forename, sex, ethnicity, date of birth and date of death for those patients. It will also include coded health data which is held in your GP record such as details of:
How NHS Digital will use and share your data
NHS Digital will analyse the data they collect and securely and lawfully share data with other appropriate organisations, including health and care organisations, bodies engaged in disease surveillance and research organisations for coronavirus response purposes only. These purposes include protecting public health, planning and providing health, social care and public services, identifying coronavirus trends and risks to public health, monitoring and managing the outbreak and carrying out of vital coronavirus research and clinical trials. The British Medical Association, the Royal College of General Practitioners and the National Data Guardian are all supportive of this initiative.
NHS Digital has various legal powers to share data for purposes relating to the coronavirus response. It is also required to share data in certain circumstances set out in the COVID-19 Direction and to share confidential patient information to support the response under a legal notice issued to it by the Secretary of State under the Health Service (Control of Patient Information) Regulations 2002 (COPI Regulations).
Legal notices under the COPI Regulations have also been issued to other health and social care organisations requiring those organisations to process and share confidential patient information to respond to the coronavirus outbreak. Any information used or shared during the outbreak under these legal notices or the COPI Regulations will be limited to the period of the outbreak unless there is another legal basis for organisations to continue to use the information.
Data which is shared by NHS Digital will be subject to robust rules relating to privacy, security and confidentiality and only the minimum amount of data necessary to achieve the coronavirus purpose will be shared. Organisations using your data will also need to have a clear legal basis to do so and will enter into a data sharing agreement with NHS Digital. Information about the data that NHS Digital shares, including who with and for what purpose will be published in the NHS Digital data release register.
For more information about how NHS Digital will use your data please see the NHS Digital Transparency Notice for GP Data for Pandemic Planning and Research (COVID-19).
National Data Opt-Out
The application of the National Data Opt-Out to information shared by NHS Digital will be considered on a case by case basis and may or may not apply depending on the specific purposes for which the data is to be used. This is because during this period of emergency, the National Data Opt-Out will not generally apply where data is used to support the coronavirus outbreak, due to the public interest and legal requirements to share information.
Your rights over your personal data
To read more about the health and care information NHS Digital collects, its legal basis for collecting this information and what choices and rights you have in relation to the processing by NHS Digital of your personal data, see: