Our privacy notice
We understand how important it is to keep your personal information safe and secure and we take this very seriously. We have taken steps to make sure your personal information is looked after in the best possible way and we review this regularly.
Please read this privacy notice (‘Privacy Notice’) carefully, as it contains important information about how we use the personal and healthcare information we collect on your behalf.
- 1. WHY WE ARE PROVIDING THIS PRIVACY NOTICE
We are required to provide you with this Privacy Notice by Law. It explains how we use the personal and healthcare information we collect, store and hold about you. If you are unclear about how we process or use your personal and healthcare information, or you have any questions about this Privacy Notice or any other issue regarding your personal and healthcare information, then please do contact our Data Protection Officer (details below).
The Law says:
- We must let you know why we collect personal and healthcare information about you;
- We must let you know how we use any personal and/or healthcare information we hold on you;
- We need to inform you in respect of what we do with it;
- We need to tell you about who we share it with or pass it on to and why; and
- We need to let you know how long we can keep it for.
- 2. THE DATA PROTECTION OFFICER
The Data Protection Officer for the practice is Kelly-Anne Gast
You can contact her at
Avon Local Medical Committee,
14a High Street, Staple Hill,
Bristol, BS16 5HP
Tel: 0117 9702755
for assistance on the following:
- You have any questions about how your information is being held;
- If you require access to your information or if you wish to make a change to your information;
- If you wish to make a complaint about anything to do with the personal and healthcare information we hold about you;
- Or any other query relating to this Policy and your rights as a patient.
Should you have any queries about Subject Access Requests (SARs) please contact the practice direct and speak to Mary Mellor or Katie McNeill, Office Managers.
- 3. ABOUT US
We, at the University of Bristol Students’ Health Service (‘the Surgery’) situated at Hampton House Health Centre, are a Data Controller of your information. This means we are responsible for collecting, storing and handling your personal and healthcare information when you register with us as a patient.
There may be times where we also process your information. That means we use it for a particular purpose and, therefore, on those occasions we may also be Data Processors. The purposes for which we use your information are set out in this Privacy Notice.
- 4. INFORMATION WE COLLECT FROM YOU
The information we collect from you will include:
- Your contact details (such as your name, Bristol address, email address, telephone number(s) and may include family/home address and telephone number and/or or work address and telephone number if you have supplied these to us);
- Details and contact numbers of your next of kin or other family member if you have supplied these to us;
- Your age, gender, ethnicity;
- Details in relation to your medical history;
- The reason for your visit to the Surgery;
- Medical notes and details of diagnosis and consultations with our GPs and other health professionals within the Surgery involved in your direct healthcare.
- 5. INFORMATION ABOUT YOU FROM OTHERS
We also collect personal information about you when it is sent to us from the following:
- a hospital, a consultant or any other medical or healthcare professional, or any other person involved with your general healthcare.
- Other University support services (eg the Student Counselling Service, Mental Health Advisory Service, Student Wellbeing Service) and other relevant personnel within the University such as personal tutors or academic staff, residential support staff, occupational health staff.
- The police, where you may have made an application to hold a firearm, or where they have contacted us about a crime that you have reported.
- An insurance company, where they have contacted us about a claim that you have submitted.
- 6. YOUR SUMMARY CARE RECORD
Your summary care record is an electronic record of your healthcare history (and other relevant personal information) held on a national healthcare records database provided and facilitated by NHS England.
This record may be shared with other healthcare professionals and additions to this record may also be made by relevant healthcare professionals and organisations involved in your direct healthcare.
You may have the right to demand that this record is not shared with anyone who is not involved in the provision of your direct healthcare. If you wish to enquire further as to your rights in respect of not sharing information on this record then please contact our Data Protection Officer.
- 7. WHO WE MAY PROVIDE YOUR PERSONAL INFORMATION TO, AND WHY
We may pass your personal information on to the following people or organisations, because these organisations may require your information to assist them in the provision of your direct healthcare needs. It, therefore, may be important for them to be able to access your information in order to ensure they may properly deliver their services to you:
- Hospital professionals (such as doctors, consultants, nurses, etc);
- Other GPs/Doctors;
- Nurses and other healthcare professionals;
- Any other person that is involved in providing services related to your general healthcare, including mental health professionals.
- 8. OTHER PEOPLE WHO WE MAY PROVIDE YOUR INFORMATION TO
- NHS Commissioners (usually anonymised)
- Clinical Commissioning Groups (usually anonymised)
- Local authorities (usually anonymised)
- Community health services;
- For the purposes of complying with the law e.g. Police, Public Health agencies, Coroners.
- Anyone you have given your consent to, to view or receive your record, or part of your record eg employers, academic departments, student finance agencies, disability support services, insurance agencies, solicitors. Please note, if you give another person or organisation consent to access your record we will need to contact you to verify your consent before we release that record. It is important that you are clear and understand how much and what aspects of, your record you give consent to be disclosed.
- The Care Quality Commission for the purposes of completing mandatory regulatory inspections.
- We have data sharing agreements with the NHS agencies and contractors listed below for the purposes of supporting specialist and/or out of hours direct care, or for supporting the planning and delivery of local and national NHS services.
Bristol, North Somerset & South Glos CCG, University Hospitals Trust, North Bristol Trust,Bristol Community Health, Brisdoc, Connecting Care, One Care Consortium, Health Intelligence (Child Health Immunisation Service), St Peter’s Hospice, GP Care, Sirona, National Institute for Health Research.
9. CORONOVIRUS PANDEMIC-DATA PROTECTION
Coronavirus (COVID-19) pandemic and your information
The ICO recognises the unprecedented challenges the NHS and other health professionals are facing during the Coronavirus (COVID-19) pandemic.
The ICO also recognise that 'Public bodies may require additional collection and sharing of personal data to protect against serious threats to public health.'
The Government have also taken action in respect of this and on 20th March 2020 the Secretary of State for Health and Social Care issued a Notice under Regulation 3(4) of The Health Service Control of Patient Information (COPI) Regulations 2002 requiring organisations such as GP Practices to use your information to help GP Practices and other healthcare organisations to respond to and deal with the COVID-19 pandemic.
In order to look after your healthcare needs during this difficult time, we may urgently need to share your personal information, including medical records, with clinical and non clinical staff who belong to organisations that are permitted to use your information and need to use it to help deal with the Covid-19 pandemic. This could (amongst other measures) consist of either treating you or a member of your family and enable us and other healthcare organisations to monitor the disease, assess risk and manage the spread of the disease.
Please be assured that we will only share information and health data that is necessary to meet yours and public healthcare needs.
The Secretary of State for Health and Social Care has also stated that these measures are temporary and will expire on 30th September 2020 unless a further extension is required. Any further extension will be will be provided in writing and we will communicate the same to you.
Please also note that the data protection and electronic communication laws do not stop us from sending public health messages to you, either by phone, text or email as these messages are not direct marketing.
It may also be necessary, where the latest technology allows us to do so, to use your information and health data to facilitate digital consultations and diagnoses and we will always do this with your security in mind.If you are concerned about how your information is being used, please contact our DPO using the contact details provided in this Privacy Notice.
10. HOW WE LOOK AFTER YOUR PERSONAL INFORMATION WHEN WORKING FROM HOME DURING THE COVID-19 PANDEMIC
In accordance with government guidance and in order to protect the health and safety of our staff during this difficult period some of our routine activity will be completed by staff working from home. This means that staff may have access to any necessary personal and/or medical information in order to look after your healthcare needs.
We would like to assure you that our staff will remain subject to all relevant security procedures and policies of the Practice to ensure that any information is kept safe, secure and confidential at all times.
If you have any concerns about how your information may be used please contact our DPO who will be happy to assist with your enquiry.
As a research Practice, we are involved in research studies organised by the Primary Care Research Network (CRN) and the National Institute for Health Research (NIHR). All research Studies have been approved by a local NHS Research Ethics Committee. By getting involved in research, we assist in the development of the evidence base used to inform the prevention, diagnosis and management of illness in primary care. We work with Researchers to help with the recruitment of patients into high quality studies adopted by CRN. We will never involve you in a research project without your permission.
We will only share your personal data with a research study team once you have consented to be part of that study and only then in accordance with the agreed study protocol
12. ANONYMISED INFORMATION
Sometimes we may provide information about you in an anonymised form. If we do so, then none of the information we provide to any other party will identify you as an individual and cannot be traced back to you.
13. YOUR RIGHTS AS A PATIENT
The Law gives you certain rights to your personal and healthcare information that we hold, as set out below:
- Access and Subject Access Requests
You have the right to see what information we hold about you and to request a copy of this information.
If you would like a copy of the information we hold about you please email L81133.firstname.lastname@example.orgWe will provide this information free of charge however, we may in some limited and exceptional circumstances have to make an administrative charge for any extra copies if the information requested is excessive, complex or repetitive.
We have one month to reply to you and give you the information that you require. We would ask, therefore, that any requests you make are in writing and it is made clear to us what and how much information you require.
- Online Access
You may ask us if you wish to have online access to your medical record. However, there will be certain protocols that we have to follow in order to give you online access, including written consent and production of documents that prove your identity.
Please note that when we give you online access, the responsibility is yours to make sure that you keep your information safe and secure if you do not wish any third party to gain access.
We want to make sure that your personal information is accurate and up to date. You may ask us to correct any information you think is inaccurate. It is very important that you make sure you tell us if your contact details including your mobile phone number has changed.
You have the right to ask for your information to be removed however, if we require this information to assist us in providing you with appropriate medical services and diagnosis for your healthcare, then removal may not be possible.
You have the right to opt out of your data being used for certain purposes not directly related to your health, such as research or planning. You can do this via the National Data Opt Out scheme . To find out more or to make your choice visit www.nhs.uk/your-nhs-data-matters or call 0300 303 5678. There are certain situations where your opt out may not apply and the website above gives more information about this.
You have the right to request that your personal and/or healthcare information is transferred, in an electronic form (or other form), to another organisation, but we will require your clear consent to be able to do this.
14. THIRD PARTIES MENTIONED ON YOUR MEDICAL RECORD
Sometimes we record information about third parties mentioned by you to us during any consultation. We are under an obligation to make sure we also protect that third party’s rights as an individual and to ensure that references to them which may breach their rights to confidentiality, are removed before we send any information to any other party including yourself. Third parties can include: spouses, partners, and other family members.
15. HOW WE USE THE INFORMATION ABOUT YOU
We use your personal and healthcare information in the following ways:
- when we need to speak to, or contact other doctors, consultants, nurses or any other medical/healthcare professional or organisation during the course of your diagnosis or treatment or on going healthcare;
- when we are required by Law to hand over your information to any other organisation, such as the police, by court order, solicitors, or immigration enforcement.
We will never pass on your personal information to anyone else who does not need it, or has no right to it, unless you give us clear consent to do so.
- 16. LEGAL JUSTIFICATION FOR COLLECTING AND USING YOUR INFORMATION
The Law says we need a legal basis to handle your personal and healthcare information.
CONTRACT: We have a contract with NHS England to deliver healthcare services to you. This contract provides that we are under a legal obligation to ensure that we deliver medical and healthcare services to the public.
CONSENT: Sometimes we also rely on the fact that you give us consent to use your personal and healthcare information so that we can take care of your healthcare needs.
Please note that you have the right to withdraw consent at any time if you no longer wish to receive services from us.
NECESSARY CARE: Providing you with the appropriate healthcare, where necessary. The Law refers to this as ‘protecting your vital interests’ where you may be in a position not to be able to consent.
LAW: Sometimes the Law obliges us to provide your information to an organisation (see above).
17 SPECIAL CATEGORIES
The Law states that personal information about your health falls into a special category of information because it is very sensitive. Reasons that may entitle us to use and process your information may be as follows:
PUBLIC INTEREST: Where we may need to handle your personal information when it is considered to be in the public interest. For example, when there is an outbreak of a specific disease and we need to contact you for treatment, or we need to pass your information to relevant organisations to ensure you receive advice and/or treatment;
CONSENT: When you have given us consent;
VITAL INTEREST: If you are incapable of giving consent, and we have to use your information to protect your vital interests (e.g. if you have had an accident and you need emergency treatment);
DEFENDING A CLAIM: If we need your information to defend a legal claim against us by you, or by another party;
PROVIDING YOU WITH MEDICAL CARE: Where we need your information to provide you with medical and healthcare services
18 HOW LONG WE KEEP YOUR PERSONAL INFORMATION
We carefully consider any personal information that we store about you, and we will not keep your information for longer than is necessary for the purposes as set out in this Privacy Notice.
19 UNDER 16s
There is a separate privacy notice for patients under the age of 16, a copy of which may be obtained on request.
20 IF ENGLISH IS NOT YOUR FIRST LANGUAGE
If English is not your first language you can request a translation of this Privacy Notice. Please contact our Data Protection Officer.
If you have a concern about the way we handle your personal data or you have a complaint about what we are doing with your data or how we have used or handled your personal and/or healthcare information, please contact our Data Protection Officer.
However, you have a right to raise any concern or complaint with the UK information regulator, at the Information Commissioner’s Office: https://ico.org.uk/
22 OUR WEBSITE
The only website this Privacy Notice applies to is the Students’ Health Service website. If you use a link to any other website from the Students’ Health Service website then you will need to read their respective privacy notice. We take no responsibility (legal or otherwise) for the content of other websites.
We take the security of your information very seriously and we do everything we can to ensure that your information is always protected and secure. We regularly update our processes and systems and we also ensure that our staff are properly trained. We also carry out assessments and audits of the information that we hold about you and make sure that if we provide any other services, we carry out proper assessments and security reviews.
25 TEXT MESSAGING AND CONTACTING YOU
Because we are obliged to protect any confidential information we hold about you and we take this very seriously, it is imperative that you let us know immediately if you change any of your contact details.
We may contact you using SMS texting to your mobile phone in the event that we need to notify you about appointments and other services that we provide to you involving your direct care, therefore you must ensure that we have your up to date details. This is to ensure we are sure we are actually contacting you and not another person.
26 WHERE TO FIND OUR PRIVACY NOTICE
You may find a copy of this Privacy Notice in the Surgery’s reception, on our website, or a copy may be provided on request.
27 DATA STORAGE
NHS Digital sub-contract Amazon Web Services (AWS) to store your patient data. We have been informed that the data will remain in the UK at all times and will be fully encrypted both in transit and at rest. We have further been advised that AWS offers the very highest levels of security and support. The Practice do not have any influence over how the data is stored as this is decided centrally by NHS Digital.
28 CHANGES TO OUR PRIVACY NOTICE
We regularly review and update our Privacy Notice. This Privacy Notice was last updated on 12th May 2020.
©LMC Law 2018