PRACTICE PRIVACY NOTICE FOR Dr WEBBERLEY’S PATIENTS
What is a Privacy Notice?
A Privacy Notice (or ‘Fair Processing Notice’) is an explanation of what information Dr Webberley’s service collects on patients, and how it is used. Being transparent and providing clear information to patients about how their personal data is an essential requirement of the Data Protection Act 1998. (From May 2018, GDPR, General Data Protection Regulations.
Under the DPA, the first principle is to process personal data in a fair and lawful manner, and applies to everything that is done with patient’s personal information. In theory, this means that Dr Webberley’s service must;
- have legitimate reasons for the use or collection of personal data
- not use the data in a way that may cause adverse effects on the individuals (e.g. improper sharing of their information with 3rd parties)
- be transparent about how you the data will be used, and give appropriate privacy notices when collecting their personal data
- handle personal data only as reasonably expected to do so
- make no unlawful use of the collected data
Personal data must be processed in a fair manner – the DPA says that information should be treated as being obtained fairly if it is provided by a person who is legally authorised or required to provide it. Fair Processing means that Dr Webberley’s service has to be clear and open with people about how their information is used.
Providing a ‘Privacy Notice’ is a way of stating Dr Webberley’s service are commitment to being transparent and is a part of fair processing, however we need to consider the effects of processing on the individuals and patients concerned;
- What information are we collecting?
- Who collects the data?
- How is it collected?
- Why do we collect it?
- How will we use the data?
- Who will we share it with?
- What is the effect on the individuals?
- If we use it as intended, will it cause individuals to object or complain
Under the Data Protection Act, the data controller is the person or organisation that will decide the purpose and the manner in which any personal data will be processed – they have overall control of the data they collect, and decide how and why it will be processed.
Dr Webberley’s service is a data controller for the patient information it collects, and should already have data processing arrangements with third parties (e.g. IT systems providers) to ensure they do not use or access data unlawfully.
If Dr Webberley’s service shares information with any external organisations, then let patients know by listing them. Partner organisations will usually include NHS organisations (hospitals, CCGs, NHS England, etc.) other public sectors (Education, Police, Fire, counsellors, etc.)
Access to Personal Information
The DPA gives patients the right to view any information held about them – the ‘Right of Subject Access’. Explain the process and who to contact. You can find your practice registration number by entering Dr Webberley’s service name (i.e. GenderGP or MyWebDoctor) in the ‘Name’ box here; https://ico.org.uk/ESDWebPages/Search
Dr WEBBERLEY’s SERVICE – PRIVACY NOTICE
How we use your information
This privacy notice explains why we collect information about our patients and how we use that information.
Dr Webberley’s service manages patient information in accordance with existing laws and with guidance from organisations that govern the provision of healthcare in England such as the Department of Health and the General Medical Council.
We are committed to protecting your privacy and will only use information collected lawfully in accordance with:
- Data Protection Act 1998
- Human Rights Act 1998
- Common Law Duty of Confidentiality
- Health and Social Care Act 2012
- NHS Codes of Confidentiality and Information Security
As data controllers, we have fair processing responsibilities under the Data Protection Act 1998. In practice, this means ensuring that your personal confidential data (PCD) is handled clearly and transparently, and in a reasonably expected way.
The Health and Social Care Act 2012 changed the way that personal confidential data is processed, therefore it is important that our patients are aware of and understand these changes, and that you have an opportunity to object and know how to do so.
The health care professionals who provide you with care maintain records about your health and any treatment or care you have received.
Health records may be processed electronically, on paper or a mixture of both; a combination of working practices and technology are used to ensure that your information is kept confidential and secure. Records held by Dr Webberley’s service may include the following information:
- Details about you, such as address and next of kin
- Any contact that Dr Webberley’s service has had with you, including counselling appointments, phone calls, & emails. Notes and reports about your health
- Details about treatment and care received
- Results of investigations, such as laboratory tests, etc.
- Medication you are taking now and in the past.
- Relevant information from other health professionals, relatives or those who care for you if applicable.
Dr Webberley’s service collects and holds data for the sole purpose of providing a high standard of services to our patients and we will ensure that the information is kept confidential.
However, we can disclose personal information if:
- It is required by law
- You provide consent – either implicitly or for the sake of their own care, or explicitly for other purposes
- It is justified to be in the public interest
Information may be used for clinical audit purposes to monitor the quality of service provided, and may be held centrally and used for statistical purposes. Where we do this, we ensure that patient records cannot be identified. (we use patient numbers)
A patient can object to their personal information being shared with other health care providers but if this limits the treatment that you can receive then the doctor will explain this to you at the time.
Dr Webberley’s service Websites – www.gendergp.co.uk and www.mywebdoctor.co.uk
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 the Data Protection Act 1998 (which is overseen by the Information Commissioner’s Office), Human Rights Act, the Common Law Duty of Confidentiality, and the Codes of Confidentiality and Security. Staff members who works for Dr Webberley’s service have a legal obligation to maintain the confidentiality of patient information. A signed agreement is included in Dr Webberley’s service new starter paperwork.
All of our staff, third party contractors receive appropriate and regular training to ensure they are aware of their personal responsibilities and have legal and contractual obligations to uphold confidentiality, enforceable through disciplinary procedures. Only a limited number of authorised staff have access to personal information where it is appropriate to their role and is strictly on a need-to-know basis.
We maintain our duty of confidentiality to you at all times. 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), or where the law requires information to be passed on.
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 Doctors or Clinics
- Specialist Consultants
- Independent Contractors such as, pharmacists and counsellors.
- Other ‘data processors’
Access to personal information
You have a right under the Data Protection Act 1998 to access/view information Dr Webberley’s service holds about you, and to have it amended or removed should it be inaccurate. This is known as ‘the right of subject access’. If we do hold information about you we will:
- give you a description of it
- tell you why we are holding it
- tell you who it could be disclosed to
- let you have a copy of the information in an intelligible form
If you would like to make a ‘subject access request’, please contact the practice manager Carol White by email email@example.com. There may be a charge for this service. Any changes to this notice will be published on our website.
The practice is registered as a data controller under the Data Protection Act 1998. The registration number is ZA221787 and can be viewed online in the public register at http://www.ico.gov.uk/
Change of Details
As Dr Webberley’s service is an online service it is important that you tell us 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 in order for this to be amended. You have a responsibility to inform us of any changes so our records are accurate and up to date for you.
The Data Protection Act 1998 requires organisations to register a notification with the Information Commissioner to describe the purposes for which they process personal and sensitive information. This information is publicly available on the Information Commissioners Office website www.ico.org.uk. Dr Webberley’s service 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 the practice manager Carol White. Any changes to this notice will be published on our website.
The Information Commissioner’s Office is the Regulator for the Data Protection Act 1998 and offer independent advice and guidance on the law and personal data, including your rights and how to access your personal information. For further information please visit the www.ico.gov.uk