General Data Protection Regulation (GDPR)

Medical research

The Yellow Practice shares information from medical records:

·         to support medical research when the law allows us to do so, for example to learn more about why people get ill and what treatments might work best;

·         we will also use the medical records we hold pertaining to you to carry out research within the practice.

This is important because:

·         the use of information from GP medical records is very useful in developing new treatments and medicines;

·         medical researchers use information from medical records to help answer important questions about illnesses and disease so that improvements can be made to the care and treatment patients receive.

You have the right to object to your identifiable information being used or shared for medical research purposes. Please speak to the practice if you wish to object

Checking the quality of care – national clinical audits

The Yellow Practice contributes to national clinical audits so that healthcare can be checked and reviewed.

·         Information from medical records can help doctors and other healthcare workers measure and check the quality of care which is provided to you.

·         The results of the checks or audits can show where hospitals are doing well and where they need to improve.

·         The results of the checks or audits are used to recommend improvements to patient care.

·         Data are sent to NHS Scotland Information and Statistics Division, a national body with legal responsibilities to collect data.

·         The data will include information about you, such as your CHI Number and date of birth and information about your health which is recorded in coded form –  for example the code for diabetes or high blood pressure.

·         We will only share your information for national clinical audits or checking purposes when the law allows.

·         For more information about national clinical audits see the Scottish Primary Care Information Resource (SPIRE) website: http://spire.scot and Healthcare Quality Improvements Partnership website: https://www.hqip.org.uk/ or phone 020 7997 7370.

·         You have the right to object to your identifiable information being shared for national clinical audits. Please contact the practice if you wish to object.

How your information is shared so that this practice can meet legal requirements

The law requires The Yellow Practice to share information from the medical records we hold pertaining to you in certain circumstances. Information is shared so that the NHS or Public Health Protection Scotland can, for example:

·         plan and manage services;

·         check that the care being provided is safe;

·         prevent infectious diseases from spreading.

We will share information with NHS Digital, the Care Quality Commission and local health protection team (or Public Health England) when the law requires us to do so. Please see below for more information.

We must also share your information if a court of law orders us to do so.

NHS Scotland Information and Statistics Division (ISD)

·         ISD is a national body which has legal responsibilities to collect information about health and social care services.

·         It collects information from across the NHS in Scotland and provides reports on how the NHS is performing. These reports help to plan and improve services to patients.

·         This practice must comply with the law and will send data to ISD, for example, when it is told to do so by the Secretary of State for Health or NHS Scotland under Scots Law.

·         More information about ISD and how it uses information can be found at:

https://www.isdscotland.org/

Health Protection Scotland

·         The law requires us to share data for public health reasons, for example to prevent the spread of infectious diseases or other diseases which threaten the health of the population.

·         We will report the relevant information to local health protection.

For more information about Health Protection Scotland and disease reporting see: https://www.hps.scot.nhs.uk/ or speak to your GP.

Data Controller contact details

The Yellow Practice Partnership, Govan Health Centre, Drumoyne Road, Glasgow G51 4BJ

Data Protection Officer contact details

Liz Hannah, Yellow Practice, Govan Health Centre, Drumoyne Road, Glasgow G51 4BJ

Purpose of the processing

Lawful basis for processing

The following sections of the GDPR mean that we can share information when the law tells us to.

Article 6(1)(c) – ‘processing is necessary for compliance with a legal obligation to which the controller is subject…’

Article 9(2)(h) – ‘processing is necessary for the purpose of preventative…medicine…the provision of health or social care or treatment or the management of health or social care systems and services…’

Recipient or categories of recipients of the processed data

·         The data will be shared with NHS Scotland.

·         The data will be shared with our local health protection team or Health Protection Scotland.

·         The data will be shared with the court if ordered.

Rights to object and the national data opt-out

There are very limited rights to object when the law requires information to be shared but government policy allows some rights of objection as set out below.

NHS Digital

·         You have the right to object to information being shared with NHS Digital for reasons other than your own direct care.

·         This is called a ‘Type 1’ objection – you can ask your practice to apply this code to your record.

·         Please note: The ‘Type 1’ objection, however, will no longer be available after 2020.

·         This means you will not be able to object to your data being shared with NHS Scotland when it is legally required under the Health and Social Care Act 2012.

Public health

·         Legally information must be shared under public health legislation. This means that you are unable to object.

Court order

·         Your information must be shared if it ordered by a court. This means that you are unable to object.

Child Protection

·         We are under legal obligation to share certain relevant elements of your information must be shared with the local Child Protection and Child and Family Social Work Departments if it is deemed necessary to ensure the safety of a child who is/may be in your care. You have no legal right to object to this.

Law Enforcement

·         If we become aware that you have committed a serious crime or we believe that you represent a danger to the public, we are under legal obligation to share certain relevant elements of your information with relevant law enforcement departments including but not limited to the Driving and Vehicle Licensing Authority and Police Scotland. You have no legal right to object to this.

Medical Protection Organisations

·         We utilise an medical protection organisation known at the Medical and Dental Defence Union Scotland (MDDUS) to provide us with legal advice and support. From time to time when difficult or complicated circumstances arise as a result of contact with patients, it is standard practice in the United Kingdom for all doctors to consult with their relevant medical protection organisation. Examples of situations when someone from a general practice may consult with their medical protection organisation include when complaints are made against them, when threats of or actual legal action is taken against anyone within a general practice or when it is thought that something significant may have gone wrong with a patients care. The information we provide to the Medical Protection Organisation will be annonymised as far as possible. This anonymity will not apply if the medical protection organisation is assisting us in dealing with a formal complaint or legal action that you have taken against us. However, the MDDUS makes commitments to keep data safe and they should not share your data with anyone else unless relevant to legal proceedings. Should you wish more information on the MDDUS, this can be found at https://www.mddus.com/ or by telephoning 0333 043 4444

If you have any concerns about information we may share with any of the organisations listed above or any other persons/organisations, please speak to a member of our practice team.

• We are not aware of any circumstances in which you will have the right to delete correct information from the medical records we hold pertaining to you; 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.

Retention period

GP medical records will be kept in line with the law and national guidance. Information on how long records are kept can be found at: https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016

or speak to the practice.

Right to complain

National screening programmes

·         The NHS provides national screening programmes so that certain diseases can be detected at an early stage.

·         These screening programmes include bowel cancer, breast cancer, cervical cancer, aortic aneurysms and a diabetic eye screening service.

·         The law allows us to share your contact information with NHS Scotland so that you can be invited to the relevant screening programme.

·         More information can be found at: http://www.healthscotland.scot/health-topics/screening or speak to a member of our team at the practice.

Data Controller contact details

The Yellow Practice Partnership, Govan Health Centre, Drumoyne Road, Glasgow G51 4BJ

Data Protection Officer contact details

Liz Hannah, Yellow Practice, Govan Health Centre, Drumoyne Road, Glasgow G51 4BJ

Purpose of the processing

·         The NHS provides several national health screening programmes to detect diseases or conditions early such as cervical and breast cancer, aortic aneurysm and diabetes.

·         The information is shared so that the correct people are invited for screening. This means those who are most at risk can be offered treatment.

Lawful basis for processing

The following sections of the GDPR allow us to contact patients for screening.

Article 6(1)(e) – ‘processing is necessary…in the exercise of official authority vested in the controller…’’

Article 9(2)(h) – ‘processing is necessary for the purpose of preventative…medicine…the provision of health or social care or treatment or the management of health or social care systems and services…’

Recipient or categories of recipients of the processed data

Rights to object

For national screening programmes: you can opt so that you no longer receive an invitation to a screening programme.

If you wish to do this, please speak to a member of staff at our practice or contact NHS Scotland at Meridian Court, 5 Cadogan St, Glasgow, G2 6QE Telephone: 0141 414 2888

• We are not aware of any circumstances in which you will have the right to delete correct information from the medical records we hold pertaining to you; 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.

Retention period

GP medical records will be kept in line with the law and national guidance.

Information on how long records can be kept can be found at: https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016

or speak to the practice.

Right to complain

You have the right to complain to the Information Commissioner’s Office. If you wish to complain follow this link https://ico.org.uk/global/contact-us/ or call the helpline 0303 123 1113