Introduction

In accordance with the UK General Data Protection Regulation, patients (data subjects) have the right to access their data and any supplementary information held by Basildon Road Surgery. This is commonly known as a subject access request (SAR). Data subjects have a right to receive:

• Confirmation that their data is being processed
• Access to their personal data
• Access to any other supplementary information held about them

Options for Access

As of April 2016, organisations have been obliged to allow patients access to their coded health record online. As of April 2020, this service now enables the patient to view their prospective full medical record. Prior to accessing this information, you will have to visit the organisation and undertake an identity check before being granted access to your records.

In addition, you can make a request to be provided with copies of your health record. To do so, you must submit a SAR form. This can be submitted electronically and the SAR form is available on the organisation website. Alternatively, a paper copy of the SAR is available from reception. You will need to submit the form online or return the completed paper copy of the SAR to the organisation. Patients do not have to pay a fee for copies of their records.

Time Frame

Once the SAR form is submitted, Basildon Road Surgery will aim to process the request within 28 days; however, this may not always be possible. The maximum time permitted to process SARs is one calendar month.

Exemptions

There may be occasions when the data controller will withhold information kept in the health record, particularly if the disclosure of such information is likely to cause undue stress or harm to you or any other person.

Data Controller

At Basildon Road Surgery the data controller is Pauline Clelland and should you have any questions relating to accessing your medical records, please ask to discuss this with the named data controller.

Pauline Cleland
Basildon Road Surgery
Data Controller

If you feel you would like a chaperone present at your consultation, please inform your doctor/nurse, who will be more than happy to arrange this for you.

Patients are welcome to discuss any problems or issues with the services, including staff and doctors, with the practice manager or the doctor.

Any complaints should be directed to the practice manager, Pauline Clelland, either by telephone or in writing. Alternatively, you can complete the Feedback and Complaints triage below.

How was your experience at the surgery?

• Good Experience
• Bad Experience

However if you are not satisfied with the outcome of your complaint and wish to take it further, please ask at reception for the complaint leaflet which lists other complaint organisations contact details.

You can also contact:

• PALS (Patient Advice & Liaison Service)
  Queen Elizabeth Hospital – Tel No: 020 8836 4592
  Lewisham Hospital – Tel No: 020 8333 3355
• Healthwatch Greenwich
  Tel No: 020 8305 5008
• POhWER
  Tel No: 020 3553 5960
  Email: [email protected]
• NHS England
  Address: PO Box 16738, Redditch, B97 9PT
• Greenwich Clinical Commissioning Group (CCG)
  Tel No: 020 3049 9000
• Ombudsman
  Tel No: 0345 015 4033

Please find information of how to complain in the documents below:

• How to complain document
• If you have a complaint document
• Complains Policy

Please click here to view.

All patients at this practice have been allocated a named GP. If you wish for a particular GP at this surgery to be allocated to you, then please let us know. All new registered patients will be allocated a named GP within 21 days of registering.

If for any reason you do not wish to be allocated to a specific GP then please let us know as soon as possible.

Please click here to view.

• National Screening & Reporting Programs
• NHS Digital
• Patient Participation & Engagement
• Payments
• Public Health
• Risk Stratification
• Safeguarding
• Data Processors EMIS – Docman etc
• HR, Staffing and Recruitment
• Patient Communications
• Digital Access and Communication
• PCN Data Sharing
• Reporting Knife and Gunshot Wounds
• Research
• London Care Record
• Access to Medical Reports
• Complaints, SARs & FOI
• CQC
• Direct care – Emergencies
• Direct Care – Routine
• DVLA Notification
• Litigations and Claims

Please click here to view.

Being transparent and providing accessible information to patients about how we will use your personal information is a key element of the Data Protection Act 2018 and the EU General Data Protection Regulations (GDPR).

The following notice reminds you of your rights in respect of the above legislation and how your GP Practice will use your information for lawful purposes in order to deliver your care and the effective management of the local NHS system.

This notice reflects how we use information for:

• The management of patient records;
• Communication concerning your clinical, social and supported care;
• Ensuring the quality of your care and the best clinical outcomes are achieved through clinical audit and retrospective review;
• Participation in health and social care research; and
• The management and clinical planning of services to ensure that appropriate care is in place for our patients today and in the future.

Data Controller

As your registered GP practice, we are the data controller for any personal data that we hold about you.

What information do we collect and use?

All personal data must be processed fairly and lawfully, whether is it received directly from you or from a third party in relation to the your care.

We will collect the following types of information from you or about you from a third party (provider organisation) engaged in the delivery of your care:

• ‘Personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified from the data.  This includes, but is not limited to name, date of birth, full postcode, address, next of kin and NHS number;

And

• ‘Special category / sensitive data’ such as medical history including details of appointments and contact with you, medication, emergency appointments and admissions, clinical notes, treatments, results of investigations, supportive care arrangements, social care status, race, ethnic origin, genetics and sexual orientation.

Your healthcare records contain information about your health and any treatment or care you have received previously (e.g. from an acute hospital, GP surgery, community care provider, mental health care provider, walk-in centre, social services).  These records may be electronic, a paper record or a mixture of both.  We use a combination of technologies and working practices to ensure that we keep your information secure and confidential.

Why do we collect this information?

The NHS Act 2006 and the Health and Social Care Act 2012 invests statutory functions on GP Practices to promote and provide the health service in England, improve quality of services, reduce inequalities, conduct research, review performance of services and deliver education and training.  To do this we will need to process your information in accordance with current data protection legislation to:

• Protect your vital interests;
• Pursue our legitimate interests as a provider of medical care, particularly where the individual is a child or a vulnerable adult;
• Perform tasks in the public’s interest;
• Deliver preventative medicine, medical diagnosis, medical research; and
• Manage the health and social care system and services.

How is the information collected?

Your information will be collected either electronically using secure NHS Mail or a secure electronic transferred over an NHS encrypted network connection.  In addition physical information will be sent to your practice.  This information will be retained within your GP’s electronic patient record or within your physical medical records.

Who will we share your information with?

In order to deliver and coordinate your health and social care, we may share information with the following organisations:

• Local GP Practices in order to deliver extended primary care services
• NHS England
• 111 and Out of Hours Service
• Local Social Services and Community Care services
• Voluntary Support Organisations commissioned to provide services by South East London CCG

Your information will only be shared if it is appropriate for the provision of your care or required to satisfy our statutory function and legal obligations.

Your information will not be transferred outside of the European Union.

Whilst we might share your information with the above organisations, we may also receive information from them to ensure that your medical records are kept up to date and so that your GP can provide the appropriate care.

In addition we received data from NHS Digital (as directed by the Department of Health) such as the uptake of flu vaccinations and disease prevalence in order to assist us to improve “out of hospital care”.

How do we maintain the confidentiality of your records?

We are committed to protecting your privacy and will only use information that has been collected lawfully.  Every member of staff who works for an NHS organisation has a legal obligation to keep information about you confidential.  We maintain our duty of confidentiality by conducting annual training and awareness, ensuring access to personal data is limited to the appropriate staff and information is only shared with organisations and individuals that have a legitimate and legal basis for access.

Information is not held for longer than is necessary.   We will hold your information in accordance with the Records Management Code of Practice for Health and Social Care 2016.

Consent and Objections

Do I need to give my consent?

The GDPR sets a high standard for consent.  Consent means offering people genuine choice and control over how their data is used. When consent is used properly, it helps you build trust and enhance your reputation.  However consent is only one potential lawful basis for processing information.  Therefore your GP practice may not need to seek your explicit consent for every instance of processing and sharing your information, on the condition that the processing is carried out in accordance with this notice.  Your GP Practice will contact you if they are required to share your information for any other purpose which is not mentioned within this notice.  Your consent will be documented within your electronic patient record.

What will happen if I withhold my consent or raise an objection?

You have the right to write to withdraw your consent to any time for any particular instance of processing, provided consent is the legal basis for the processing.  Please contact your GP Practice for further information and to raise your objection.

Health Risk Screening / Risk Stratification

Health Risk Screening or Risk Stratification is a process that helps your GP to determine whether you are at risk of an unplanned admission or deterioration in health.  By using selected information such as age, gender, [NHS number/HCN number/ CHI number], diagnosis, existing long term condition(s), medication history, patterns of hospital attendances, admissions and periods of access to community care your GP will be able to judge if you are likely to need more support and care from time to time, or if the right services are in place to support the local population’s needs.

To summarise Risk Stratification is used in the NHS to:

• Help decide if a patient is at a greater risk of suffering from a particular condition;
• Prevent an emergency admission;
• Identify if a patient needs medical help to prevent a health condition from getting worse; and/or
• Review and amend provision of current health and social care services.

Your GP will use computer based algorithms or calculations to identify their registered patients who are at most risk, with support from the local Commissioning Support Unit and/or a third party accredited Risk Stratification provider.  The risk stratification contracts are arranged by South East London CCG/NHS England in accordance with the current Section 251 Agreement. Neither the CSU nor your local CCG will at any time have access to your personal or confidential data.  They will only act on behalf of your GP to organise the risk stratification service with appropriate contractual technical and security measures in place.

Your GP will routinely conduct the risk stratification process outside of your GP appointment.  This process is conducted electronically and without human intervention.  The resulting report is then reviewed by a multidisciplinary team of staff within the Practice.  This may result in contact being made with you if alterations to the provision of your care are identified.

A Section 251 Agreement is where the Secretary of State for Health and Social Care has granted permission for personal data to be used for the purposes of risk stratification, in acknowledgement that it would overburden the NHS to conduct manual reviews of all patient registers held by individual providers.

As mentioned above, you have the right to object to your information being used in this way.  However you should be aware that your objection may have a negative impact on the timely and proactive provision of your direct care.  Please contact the Practice Manager to discuss how disclosure of your personal data can be limited.

Sharing of Electronic Patient Records within the NHS

Electronic patient records are kept in most places where you receive healthcare.  Our local electronic systems (such as SystmOne, EMIS and Eclipse) enables your record to be shared with organisations involved in your direct care, such as:

• GP practices
• Community services such as district nurses, rehabilitation services, telehealth and out of hospital services.
• Child health services that undertake routine treatment or health screening
• Urgent care organisations, minor injury units or out of hours services
• Community hospitals
• Palliative care hospitals
• Care Homes
• Mental Health Trusts
• Hospitals
• Social Care organisations
• Pharmacies

In addition, NHS England have implemented the Summary Care Record which contains information including medication you are taking and any bad reactions to medication that you have had in the past.

In most cases, particularly for patients with complex conditions and care arrangements, the shared electronic health record plays a vital role in delivering the best care and a coordinated response, taking into account all aspects of a person’s physical and mental health.  Many patients are understandably not able to provide a full account of their care, or may not be in a position to do so.  The shared record means patients do not have to repeat their medical history at every care setting.

Your record will be automatically setup to be shared with the organisations listed above, however you have the right to ask your GP to disable this function or restrict access to specific elements of your record.  This will mean that the information recorded by your GP will not be visible at any other care setting.

You can also reinstate your consent at any time by giving your permission to override your previous dissent.

Invoice Validation

If you have received treatment within the NHS, the local Commissioning Support Unit (CSU) may require access to your personal information to determine which Clinical Commissioning Group is responsible for payment for the treatment or procedures you have received.  Information such as your name, address, date of treatment and associated treatment code may be passed onto the CSU to enable them to process the bill.  These details are held in a secure environment and kept confidential.  This information is only used to validate invoices in accordance with the current Section 251 Agreement, and will not be shared for any further commissioning purposes.

Your Right of Access to Your Records

The Data Protection Act and General Data Protection Regulations allows you to find out what information is held about you including information held within your medical records, either in electronic or physical format.  This is known as the “right of subject access”.  If you would like to have access to all or part of your records, you can make a request in writing to the organisation that you believe holds your information.  This can be your GP, or a provider that is or has delivered your treatment and care.  You should however be aware that some details within your health records may be exempt from disclosure, however this will in the interests of your wellbeing or to protect the identity of a third party.  If you would like access to your GP record please submit your request in writing to:

Basildon Road Surgery, 111 Basildon Road, London, SE2 0ER

Complaints

In the event that your feel your GP Practice has not complied with the current data protection legislation, either in responding to your request or in our general processing of your personal information, you should raise your concerns in the first instance in writing to the Practice Manager at:

Basildon Road Surgery, 111 Basildon Road, London, SE2 0ER

If you remain dissatisfied with our response you can contact:

Danielle Gibbons
GP Data Protection Officer
[email protected]
SEL GP Data Protection Officer
NHS South East London

The Information Commissioner’s Office at

Wycliffe House
Water Lane
Wimslow
Cheshire
SK9 5AF

Enquiry Line: 01625 545700

The staff have the right to work without verbal or physical abuse from patients. Rude and unruly behaviour is not acceptable. Patients who behave in this manner will be removed.