HUMANITAS HEALTHCARE SERVICES PRIVACY NOTICE AND FAIR PROCESSING POLICY
The Privacy Notice links in with the following other Policies
Your Information, Your Rights
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) 2018.
This notice reminds you of your rights in respect of the above legislation and how Humanitas Healthcare Services Limited (HHS) will use your information for lawful purposes in order to deliver your care within the effective management of our healthcare delivery.
This notice reflects how we use information for:
- The management and clinical planning of services to ensure that appropriate care is in place for our patients today and in the future.
- 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 relevant health and social care research
As your chosen provider, we are the data controller for any personal data that we hold about you.
What information do we collect and use?
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;
- ‘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.
All personal data will be processed fairly and lawfully, whether is it received directly from you or from a third party in relation to the your care
Why do we collect this information?
The NHS Act 2006 and the Health and Social Care Act 2012 invests statutory functions on organisations that promote and provide health service to 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;
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 could be sent to your practice. This information will be retained within your 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 Commissioning or referring organisations.
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 these organisations, we may also receive information from them to ensure that your medical records are kept up to date and so that we 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 HHS 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. However consent is only one potential lawful basis for processing information. Therefore HHS 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. HHS 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 at any time for any particular instance of processing, provided consent is the legal basis for the processing. Please contact HHS for further information and to raise your objection or discuss how disclosure of your personnel 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 (EMIS) can enable your record to be shared with organisations involved in your direct care, such as:
- Your referring organization
- Or nominated pharmacy
- Organisations that you may agree to be referred to
- Insurance Companies as required by your consent and necessary for your care.
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 can be automatically setup to be shared with the organizations mentioned above; however you have the right to ask HHS to disable this function or restrict access to specific elements of your record. This will mean that the information recorded by HHS 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.
If you have received treatment on behalf of the NHS, Commissioners may require access to your personal information 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 required by the commissioners to enable them to process our invoices. These details are held in a secure environment and kept confidential. This information is only used to validate invoices in accordance with required legislation 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 allow 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 record please submit your request in writing to:
Medical or Nursing Directors of HHS The Old Stables, Elmore Court, Elmore Green Road , Bloxwich, Walsall, WS3 2QW.
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 Medical or Nursing Directors of HHS The Old Stables, Elmore Court, Elmore Green Road, Bloxwich, Walsall, WS3 2QW.
If you remain dissatisfied with our response you can contact the Information Commissioner’s Office at Wycliffe House, Water Lane, Wimslow, Cheshire SK9 5AF – Enquiry Line: 01625 545700 or online at www.ico.org.uk