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Warehouse Lane, Wath-Upon-Dearne, Rotherham, S63 7RA
Telephone: 01709 870150
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Introduction
At Market Surgery, we have a legal duty to explain how we use any personal information we collect about you at the organisation. This is in both electronic and paper format.
Why do we have to provide this privacy notice?
We are required to provide you with this privacy notice by law. It provides information about how we use the personal and healthcare information we collect, store and hold about you. If you have any questions about this privacy notice or are unclear about how we process or use your personal information or have any other issue regarding your personal and healthcare information, then please contact our Data Protection Officer, Caroline Million, Caroline.Million@outlook.com
The main things the law says we must tell you about what we do with your personal data are:
The General Data Protection Regulation (GDPR) became law on 24 May 2016. This was a single EU-wide regulation on the protection of confidential and sensitive information. It entered into force in the UK on the 25 May 2018, repealing the Data Protection Act (1998). Following Brexit, the GDPR became incorporated into the Data Protection Act 2018 (DPA18) at Part 2, Chapter 2 titled The UK GDPR.
For the purpose of applicable data protection legislation (including but not limited to the Data Protection Act 2018 (DPA2018) and Part 2 the UK GDPR).
Using your information
We will use your information so that we can check and review the quality of care we provide. This helps us improve our services to you.
You have the right to object to information being shared for your own care. Please speak to this organisation if you wish to object. You also have the right to have any mistakes or errors corrected.
Registering for NHS care
Identifying patients who might be at risk of certain diseases
Safeguarding
Artificial Intelligence (AI)
Medical research
NONE
Checking the quality of care – national clinical audits
We are required by law to provide you with the following information about how we handle your information:
| Data Controller | Market Surgery
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| Data Protection Officer | Caroline Million caroline.million@outlook.com |
| Purpose of the processing | To give direct health or social care to individual patients. An example is, 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).
Medical research and to check the quality of care which is given to patients (this is called national clinical audit).
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| 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…”
The following sections of the GDPR mean that we can use medical records for research and to check the quality of care (national clinical audits):
Article 6(1)(e) – ‘processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller’.
For medical research: there are two possible Article 9 conditions.
Article 9(2)(a) – ‘the data subject has given explicit consent…’
Healthcare staff will also respect and comply with their obligations under the common law duty of confidence.
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| Recipient or categories of recipients of the processed data
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The data will be shared with:
● healthcare professionals and staff in this surgery ● healthcare professionals and staff in this surgery ● local hospitals ● out of hours services ● diagnostic and treatment centres ● or other organisations involved in the provision of direct care to individual patients. ● GPs ● NHS Commissioning Support Units ● Independent Contractors such as dentists, opticians, pharmacists ● Private Sector Providers ● Voluntary Sector Providers ● Ambulance Trusts ● Clinical Commissioning Groups / Integrated Care Boards ● Social Care Services ● NHS England (NHSE) and NHS Digital (NHSD) ● Local Authorities ● Education Services ● Fire and Rescue Services ● Police & Judicial Services ● Voluntary Sector Providers ● Private Sector Providers ● Connect Healthcare Rotherham
Other ‘data processors’ which you will be informed of ● TPP SystmOne ● Numed Healthcare ● Eclipse Healthcare ● Accurx ● C The Signs ● World Healthnet ● Express Diagnostics ● IGPR ● INR Star
For national clinical audits which check the quality of care the data will be shared with NHS England.
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| Rights to object and the national data opt-out
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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 England. 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 – Rotherham Metropolitan Borough Council
The national data opt-out model provides an easy way for you to opt-out of information that identifies you being used or shared for medical research purposes and quality checking or audit purposes. Please contact the practice if you wish to opt-out. Further information is available from NHS England.
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| 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 Access to Medical Records Policy.
We are not aware of any circumstances in which you will have the right to delete correct information from your medical record; although you are free to obtain your own legal advice if you believe there is no lawful purpose for which we hold the information and contact us if you hold a different view.
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| Retention period | Records will be kept in line with the law and national guidance. Information on how long records are kept can be found in the Records Management Code of Practice. |
| Right to complain
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In the unlikely event that you are unhappy with any element of our data-processing methods, do please contact the Practice Manager in the first instance. If you feel that we have not addressed your concern appropriately, you have the right to lodge a complaint with the Information Commissioner’s Office (ICO).
Further details, visit https://ico.org.uk/for-the-public/ and select “Make a complaint” or telephone: 0303 123 1113.
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| 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.
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