Practice Privacy Notice For Patients
What is a Privacy Notice?
A Privacy Notice (or ‘Fair Processing Notice’) is an explanation of what information the Practice collects on patients, and how it is used. Being transparent and providing clear information to patients about how a Practice uses their personal data is an essential requirement of the Data Protection Act 1998.
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 practice, this means that the Practice 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 the Practice has to be clear and open with people about how their information is used.
Providing a ‘Privacy Notice’ is a way of stating the Practice’s commitment to being transparent and is a part of fair processing, however you also 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?
Conducting a Privacy Impact Assessment is an effective way of assessing whether you can safely collect or use patient data according to the DPA and Information Governance requirements. The Information Commissioners’ Office has published guidance on carrying out a PIA and can be found here;
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.
A GP Practice 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; the data controllers will have ultimate responsibility for the Practices’ compliance with the DPA.
This is a process to identify and manage patients that are more likely to need secondary care – information is collected in order to assess their ‘Risk Score’ and is sent to NHS organisations to assess and return the results to the GP Practice. This is an acceptable way of assessing patients’ needs and prevent ill health, however it is also regarded as a disclosure of personal information, and patients have the option to opt out of any data collection at the Practice, and needs to be made clear to them.
If a patient has had NHS treatment, their personal information may be shared within a secure and confidential environment to determine which HB/CCG should pay for the treatment received. This means sharing identifiable information such as name, address, date of treatment etc. to enable the billing process.
If the Practice shares information with any external organisations (within or outside the NHS), 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 etc.) and any other Data Processors that may be carrying out specific project work with the Practice (e.g. Diabetes UK).
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 your Practice name in the ‘Name’ box here; https://ico.org.uk/ESDWebPages/Search
How we use your information
This privacy notice explains why we as a Practice collect information about our patients and how we use that information.
The Jacey Practice/Dickens Heath Medical Centre 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, GPs 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 NHS treatment or care you have received (e.g. NHS Hospital Trust, GP Surgery, Walk-in clinic, etc.). These records help to provide you with the best possible healthcare.
NHS 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 this GP practice may include the following information:
· Details about you, such as address and next of kin
· Any contact the practice has had with you, including appointments (emergency or scheduled), clinic visits, etc.
· Notes and reports about your health
· Details about treatment and care received
· Results of investigations, such as laboratory tests, x-rays, etc.
· Relevant information from other health professionals, relatives or those who care for you
The practice collects and holds data for the sole purpose of providing healthcare services to our patients and we will ensure that the information is kept confidential. However, we can disclose personal information if:
a) It is required by law
b) You provide consent – either implicitly or for the sake of their own care, or explicitly for other purposes
c) It is justified to be in the public interest
Some of this information will be held centrally and used for statistical purposes. Where we hold data centrally, we take strict and secure measures to ensure that individual patients cannot be identified.
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.
Sometimes your information may be requested to be used for clinical research purposes – the practice will always endeavour to gain your consent before releasing the information.
Improvements in information technology are also making it possible for us to share data with other healthcare providers with the objective of providing you with better care.
Patients can choose to withdraw their consent to their data being used in this way. When the practice is about to participate in any new data-sharing scheme we will make patients aware by displaying prominent notices in the surgery and on our website at least four weeks before the scheme is due to start. We will also explain clearly what you have to do to ‘opt-out’ of each new scheme.
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.
If you provide us with your mobile phone number we may use this to send you reminders about any appointments or other health screening information being carried out. Please call reception if you would like to opt in for this service.
Risk stratification is a process for identifying and managing patients who are at high risk of requiring emergency or urgent care. Typically this is because patients have a long term condition such as COPD, cancer or other medical condition at risk of sudden worsening. NHS England encourages GPs to use risk stratification tools as part of their local strategies for supporting patients with long-term conditions and to provide care plans and planned care with the aim to prevent avoidable admissions or other emergency care.
Risk stratification enables your GP to focus on preventing ill health and not just the treatment of sickness. If necessary your GP may be able to offer you additional services.
Please note that you have the right to opt out of Risk Stratification.
Should you have any concerns about how your information is managed, or wish to opt out of any data collection at the practice, please contact the practice, or your healthcare professional to discuss how the disclosure of your personal information can be limited.
Patients have the right to change their minds and reverse a previous decision. Please contact the practice, if you change your mind regarding any previous choice.
If you have received treatment within the NHS your personal information may be shared within a strictly monitored, secure and confidential environment in order to determine which CCG should pay for the treatment or procedure you have received.
Information such as your name, address and date of treatment may be passed on to enable the billing process - these details are held in a secure environment and kept confidential. This information will only be used to validate invoices, and will not be shared for any further Commissioning purposes.
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 NHS Codes of Confidentiality and Security. Every staff member who works for an NHS organisation has a legal obligation to maintain the confidentiality of patient information.
All of our staff, contractors and committee members 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 Trusts
· Specialist Trusts
· Independent Contractors such as dentists, opticians, pharmacists
· Private Sector Providers
· Voluntary Sector Providers
· Ambulance Trusts
· Clinical Commissioning Groups
· Social Care Services
· Local Authorities
· Education Services
· Fire and Rescue Services
· Other ‘data processors’
Access to personal information
You have a right under the Data Protection Act 1998 to access/view information the practice 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 in writing. There may be a charge for this service. Any changes to this notice will be published on our website and on the practice notice board.
The practice is registered as a data controller under the Data Protection Act 1998. The registration number is Z5244202 and can be viewed online in the public register at www.ico.org.uk
Change of Details
It is important that you tell the person treating you 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. The practice 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 Dr J L Lawley. Any changes to this notice will be published on our website and displayed in prominent notices in the surgery.
The Partnership is registered as a data controller under the Data Protection Act 1998 Z5244202 registration can be viewed on-line in the public register at www.ico.org.uk
Further information about the way in which the NHS uses personal information and your rights in that respect can be found in:
· The NHS Care Record Guarantee : http://www.nigb.nhs.uk/pubs/nhscrg.pdf
· NHS Digital’s Guide to Confidentiality in Health & Social Care gives more information on the rules around information sharing : http://content.digital.nhs.uk/article/4979/Assuring-information
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.org.uk
Violence and Aggression
Our practice team is here to help all patients in a polite and respectful manner. However any form of physical or verbal abuse, intimidating behaviour to include shouting and swearing will not be tolerated under any circumstances. Patients behaving in this manner may be removed from our patient list.
We aim to give a friendly and professional service to everyone who attends our practice. However, if, for any reason, our service should fall below our patients’ satisfaction, we take all complaints very seriously. If you would like to make a complaint regarding the surgery or the services we offer, please contact the Practice Manager, Christine Johnson, either by telephone or in writing, firstname.lastname@example.org who will make every effort to respond to your concerns as soon as possible. All complaints will be treated as confidential.
Complaining to the NHS England Area Team/The Parliamentary and Health Service Ombudsman/ Care Quality Commission (CQC) and PohWER Solihull
We hope that, if you have a problem, you will use our Practice Complaints Procedure. We believe this will give us the best chance of putting right whatever has gone wrong and an opportunity to improve our Practice. But this does not affect your right to approach the local Area Team if you feel you cannot raise your complaint with us or you are dissatisfied with the result of our investigation. You should contact either:
We hope that you will use our practice complaints procedure should you have a problem. However, if you remain dissatisfied with the response to your complaint, you have the right to ask The Parliamentary and Health Service Ombudsman to review your case. This should be done within twelve months of receipt of this information. The Parliamentary and Health Service Ombudsman can be contacted on 0345 015 4033 / email@example.com or in writing to:
The Parliamentary and Health Service Ombudsman
Complaining to NHS England
Although we would recommend you make your complaint to the surgery, you can approach NHS England direct. NHS England will then seek details from the GP and will then decide if it is appropriate for them to answer the complaint, or to pass the complaint back to the surgery.
Complaints not resolved at surgery level cannot be passed to NHS England, but must be referred to The Parliamentary and Health Service Ombudsman.
· By post - NHS Commissioning Board, PO Box 16738, Redditch, B97 9PT
· Electronically using the Commissioning board’s email address - firstname.lastname@example.org Please write ‘For the attention of the Complaints Manager’ in the subject line.
· By telephone 0300 311 22 33 (Monday to Friday 8am to 6pm, excluding English Bank Holidays). The complaint will be noted and passed to the Complaints Manager
Care Quality Commission (CQC)
The Care Quality Commission (CQC) is the independent regulator of all health and adult social care in England. Their aim is to make sure certain standards of care are met in hospitals, care homes, dental surgeries & GP surgeries. It focuses on whether care is safe and effective and whether it meets the needs of our patients.
You can contact the Care Quality Commission (CQC) for advice. The CQC doesn't manage individual complaints about GPs and their services. However if you are not happy with the response you get when they complain to the service provider, you should contact the Parliamentary and Health Service Ombudsman (PHSO) on the details above.
· By post – CQC National Customer Service Centre, Citygate, Gallowgate, Newcastle upon Tyne, NE1 4PA
· Website – www.cqc.org.uk.
· By telephone 03000 616161 (Monday to Friday 8.30am to 5.30pm, excluding English Bank Holidays).
POhWER provide information, advice, support and Advocacy to patients.
· By post – POhWER, PO Box 14043, Birmingham, B6 9BL
· Website – www.pohwer.net.
· By telephone 0300 456 2370 (8am – 6pm).
The Jacey Practice has a Patient participation group. The role of the PPG is to provide a liaison between patients and the practice.
They meet on a quarterly basis and you may approach the PPG regarding issues or concerns you may have. Further details are available from the surgery
Freedom of information
The practice produces a complete guide to the information routinely made available to the public by our GPs. A copy of this guide is available from reception.
Our Practice policy can be found here:Freedom-of-information-act-policy2015.pdf
We aim to treat our patients courteously at all times and expect our patients to treat our staff in a similarly respectful way. It is your responsibility to keep your appointments, inform us of your past illnesses, medication, hospital admissions and any other relevant details.
For further information on any of our policies, please contact the practice manager.
Disability and discrimination
We will provide care, now and in the future, to all our patients without discrimination and irrespective of patient’s age, sex, race, beliefs or special needs. We expect that patients will show no discrimination towards other surgery users, members of the practice team or our colleagues in the NHS.
Our Practice policy can be found here:Anti discrimination-service-provision-policy2015.pdf
Healthy Child Programme
This gives comprehensive advice on health and social care throughout a child's life. It was started by the Department of Health in October 2009 to replace the previous system of Child Health Surveillance. A link to the details of the programme can be found here.
Adult and Child Safeguarding Policies
The practice has a clinical lead and comprehensive policies for protecting both Adult and Children. Please click on the attached documents for further information and useful contact details. Safeguarding Adults at Risk Policy - Jacey Practice and Dickens Heath Medical Centre.pdf
Did Not Attend
We actively monitor our patients who do not attend appointments and do not cancel. This results in wasted appointments and longer waiting times for appointments for other patients. Our telephone lines are open all day now to create more opportunity to cancel. Persistent failure to attend appointments might result in patients being removed from our list.
Our Practice policy can be found here:Did-not-attend-policy.pdf
All GP practices are required to declare the mean earnings (e.g. average pay) for GPs working to deliver NHS services to patients at each practice.The average pay for GPs working in The Jacey Practice in the last financial year was £54,905 before tax and National Insurance. This is for 3 full time GPs and 3 parttime GPs.