Please do let us know if you have any comments, suggestions or complaints about the service you have received.

We operate a practice complaints procedure that meets national criteria and ensures your views are recorded and, where appropriate, acted upon.

If you would like to make a complaint, please put it in writing addressed to the Practice Manager as soon as possible to lscicb-fw.gp-p81128@nhs.net.

Alternatively, please download and complete our complaints form. Once completed please post/email/bring the form to the practice.

All other comments, views or suggestions are always welcome and help us to continue providing a high-quality service to all our patients. Please contact any member of staff with any comments you have to make.

If you feel you can’t do this, or would prefer not to, then please contact Lancashire and South Cumbria Integrated Care Boards patient experience team: lscicb-fw.patientexperience@nhs.net or call 0300 373 35.

Service provider complaints

For complaints about independent contractor services, such as GPs, dentists, pharmacies and opticians, please contact:

NHS England,
PO Box 16738,
Redditch,
B97 9PT

Tel: 0300 311 22 33 (Monday to Friday 8am to 6pm, excluding bank holidays)
Email: england.contactus@nhs.net

Health Service Ombudsman

If you are unhappy with the way we have handled your complaint, we will undertake further investigation to resolve it to your satisfaction. However, if you are still not happy, you can report it to the health service ombudsman.

The parliamentary and health service ombudsman may investigate complaints on your behalf, but only if your complaint has already been investigated at a local resolution and independent review level. There is no charge for this service and the ombudsman is completely independent of the NHS.

Telephone: 0345 015 4033 (open 8.30am to 5.30pm, Monday to Friday)
Email: phso.enquiries@ombudsman.org.uk
Website: www.ombudsman.org.uk

Independent advice

If you require independent advice about the complaints process, there is a service called Advocacy Access for all advocacy-related issues/enquiries, aimed at both members of the public and professionals.

Tel: 0345 456 3210
Textphone: 07886 744 634
Fax: 0300 323 0966
Email: contact@advocacyaccess.org.uk

Confidentiality

You don’t ever need to worry about the service you receive in future being adversely affected because you have made a complaint. We take all comments seriously and only ever use the information to review our services and make improvements, where needed.

All information you supply to us is kept strictly confidential. Any information about you, your medical issues or treatment is only ever shared with other healthcare professionals on a ‘need to know’ basis.

Information is sometimes shared with NHS management for data audit and planning, and all those who work for the NHS have a duty of confidentiality towards patients.

Summary Care Records

The NHS in England is using an electronic record called the Summary Care Record (SCR) to support patient care.

The Summary Care Record is a copy of key information from your GP record. It provides authorised healthcare staff with faster, secure access to essential information about you when you need unplanned care or when your GP practice is closed.

Summary Care Records improve the safety and quality of your care.

The average pay for GPs working in the Kirkham Health Centre in the last financial year before tax and National Insurance was £71,562.

This is for 1 full time GP, 5 part time GPs, and 0 locum GPs who worked in the practice for more than 6 months.

It should be noted that the prescribed method for calculating earnings is potentially misleading because it takes no account of how much time doctors spend working in the practice, and should not be used to form any judgement about GP earnings, nor to make any comparison with any other practice.

Patient responsibilities

To help us provide a prompt, courteous and efficient service to all, we ask you to:

• Use our appointment and repeat prescription systems appropriately and responsibly
• Supply information requested by staff
• Treat staff with courtesy and respect

As part of its employment activities, KIRKHAM HEALTH CENTRE, stores and processes personal information about prospective, current and former staff.

This Privacy Notice includes applicants, employees (and former employees), workers (including agency, casual and contracted staff), volunteers, trainees and those carrying out work experience.

We recognise the need to treat staff personal and sensitive data in a fair and lawful manner. No personal information held by us will be processed unless the requirements for fair and lawful processing can be met.

What types of personal data do we handle?

In order to carry out our activities and obligations as an employer we handle data in relation to:

• Contact details such as names, addresses, telephone numbers
• Emergency contact(s)
• Education and training, including development reviews (appraisals)
• Employment/identity records (including professional membership, qualifications, references and proof of identity and eligibility to work in the UK)
• Bank details
• Pay, benefits and pension details (incl. National Insurance number)
• Information around travel and subsistence; expenses
• For staff driving a vehicle for work purposes: vehicle details, details of driving licence and vehicle insurance, tax, MOT etc.
• Personal demographics (including protected characteristics such as gender, race, ethnicity, sexual orientation, religion, date of birth, marital status, nationality)
• Medical information including mental and physical health
• Information relating to health and safety
• Trade union membership
• Offences (including alleged offences), criminal proceedings, outcomes and sentences
• Employment tribunal applications, employee relations cases, complaints, accidents, and incident details
• Employment details (position, salary, FTE etc.) Status in relation to organisational change
• Support provided under employee assistance programmes

Please note this list is not exhaustive and may change over time.

Our staff are trained to handle your information correctly and protect your confidentiality and privacy.

We aim to maintain high standards, adopt best practice for our record keeping and regularly check and report on how we are doing. Your information is never collected or sold for direct marketing purposes.

What is the purpose of processing data?

• Staff administration and management (including payroll, performance and monitoring)
• Pensions administration
• Business management and planning
• Accounting and Auditing
• Accounts and records
• Crime prevention and prosecution of offenders
• Education
• Health administration and services
• Information and databank administration
• Sharing and matching of personal information for national fraud initiative

Legal basis for processing

For entering into and managing contracts with the individuals concerned, for example our employees the legal basis is UKGDPR Article 6(1)(b) – ‘processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract’.

Where we have a specific legal obligation that requires the processing of personal data, the legal basis is Article 6(1)(c) – ‘processing is necessary for compliance with a legal obligation to which the controller is subject’.

For other processing of personal data about our employees, our legal basis is Article 6(1)(e) – ‘…exercise of official authority…’.

Where we process special categories data for employment purposes the condition is: Article 9(2)(b) – ‘…processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law…’.

For the processing of information about the health of our workforce, the legal basis is: Article 9(2)(h) – ‘…processing is necessary for the purposes of preventive or occupational medicine…assessment of the working capacity of the employee…the provision of health or social care…’.

Sharing your information

There are several reasons why we may have to share your personal information with third parties.

There may be circumstances where information is shared without your consent, for example:

• The disclosure is necessary for a statutory function of the practice or the third party to whom the information is being disclosed
• There is a statutory obligation to share the data; for example, making returns to the Cabinet Office, Department of Health, Office of National Statistics etc.
• Disclosure is required for the performance of a contract
• Disclosure is necessary to protect your vital interest; for example, in medical emergency situations
• Disclosure is made to assist with prevention or detection of crime, or the apprehension or prosecution of offenders
• Disclosure is required by a Court Order
• Disclosure is necessary to assist the practice to obtain legal advice

Use of Third-Party Companies

To enable effective staff administration KIRKHAM HEALTH CENTRE may share your information with external companies to process your data on our behalf in order to comply with our obligations as an employer.

Audit and Inspection

We provide information to facilitate audit and inspections and comply with the requirements of the Care Quality Commission, whose standards we have to comply with to ensure we as a practice have good processes and systems in place to deliver the most effective solutions under the contract.

Prevention and Detection of Crime and Fraud

The practice is responsible for protecting the public funds it manages. To do this we may use the information we hold about you to detect and prevent crime or fraud. We may also share this information with other bodies that inspect and manage public funds.

National Fraud Initiative Privacy Notice

The Practice is required [by law] to protect any public funds it administers. We may share information provided to us with other bodies responsible for; auditing, or administering public funds, or where undertaking a public function, in order to prevent and detect fraud.

The Cabinet Office is responsible for carrying out data matching exercises.

Data matching involves comparing computer records held by one body against other computer records held by the same or another body to see how far they match. This is usually personal information. Computerised data matching allows potentially fraudulent claims and payments to be identified. Where a match is found it may indicate that there is an inconsistency which requires further investigation. No assumption can be made as to whether there is fraud, error or other explanation until an investigation is carried out.

We participate in the Cabinet Office’s National Fraud Initiative: a data matching exercise to assist in the prevention and detection of fraud.

Staff personal data such as contact details may be provided to bodies responsible for auditing, administering public funds or where undertaking a public function for the purposes of preventing and detecting fraud. This is done in line with the Cabinet Office’s National Fraud Initiative, a data matching exercise that is carried out with statutory authority under Part 6 of the Local Audit and Accountability Act 2014.

Data matching by the Cabinet Office is subject to a Code of Practice.

View further information on the Cabinet Office’s legal powers and the reasons why it matches particular information.

Other Bodies

We may also share your personal information due to:

• Our obligations to comply with current legislation
• Our duty to comply with any Court Order which may be imposed

Any disclosures of personal data are always made on case-by-case basis, using the minimum personal data necessary for the specific purpose and circumstances and with the appropriate security controls in place. Information is only shared with those agencies and bodies who have a “need to know” or where you have consented to the disclosure of your personal data to such persons.

We will not routinely disclose any information about you without your express permission. However, there are circumstances where we must or can share information about you owing to a legal/statutory obligation or other legal basis for disclosure.

We may obtain and share personal data with a variety of other bodies, which may include:

• Her Majesty’s Revenue and Customs (HMRC)
• Disclosure and Barring Service
• Home Office
• Child Support Agency
• Care Quality Commission
• NHS Counter Fraud Authority
• Department of Health
• Central government, government agencies and departments
• Other local authorities and public bodies
• Ombudsman and other regulatory authorities, i.e. Information Commissioner’s Office
• Courts/Prisons
• Financial institutes for e.g. banks and building societies for approved mortgage references
• Credit Reference Agencies
• Utility providers
• Educational, training and academic bodies
• Law enforcement agencies including the Police, the Serious Organised Crime Agency
• Emergency services for e.g. The Fire and Rescue Service
• Auditors e.g. Audit Commissioner
• Department for Work and Pensions (DWP)
• The Assets Recovery Agency
• Relatives or guardians of an employee where there is a legal duty to do so

What if the data you hold about me is incorrect?

It is important that the information which we hold about you is up to date. If you believe that the personal information that we hold on you is incorrect, in the first instance please contact your Practice Manager to inform them of this.  They will then ensure the data is rectified and updated.

How long do we keep your information?

We hold data securely in line with the Records Management Code of Practice for Health and Social Care 2020.

Individuals Rights

Data Protection laws gives individuals rights in respect of the personal information that we hold about you. These are:

1. To be informed why, where and how we use your information.
2. To ask for access to your information.
3. To ask for your information to be corrected if it is inaccurate or incomplete.
4. To ask for your information to be deleted or removed where there is no need for us to continue processing it.
5. To ask us to restrict the use of your information.
6. To ask us to copy or transfer your information from one IT system to another in a safe and secure way, without impacting the quality of the information.
7. To object to how your information is used.
8. To challenge any decisions made without human intervention (automated decision making).

Further information about these individual rights is provided in Practice Data Security and Protection Policies.

Requesting Access to your Personal Data

Under data protection legislation, you have the right to request access to information about you that we hold. To make a request for your personal information you should in the first instance contact the Practice Manager.

If you have concerns of the use of your information, or should you wish to lodge a complaint about the way your information has been handled please contact the Practice Data Protection Officer:
Hayley Gidman,
MLCSU,
ST4 4LX
Email: mlcsu.dpo@nhs.net
Tel: 01782 872648

Introduction

This privacy notice lets you know what happens to any personal data that you give to us, or any information that we may collect from you or about you from other organisations.

This privacy notice applies to personal information processed by or on behalf of the practice.

This Notice explains:

• Who we are and how we use your personal information
• Information about our Data Protection Officer
• What kinds of personal information we hold about you and what information we use
• The legal grounds for processing your personal information, including when we share it with other organisations.
• What to do if your personal information changes
• For how long your personal information is retained for/stored by us
• What your rights are under Data Protection laws

The General Data Protection Regulation (GDPR) and the Data Protection Act 2018 (DPA18) became law on 25th May 2018. The GDPR is a single EU-wide regulation on the protection of confidential and sensitive information and the DPA18 implements the regulations into comprehensive UK legislation. Following the decision for the UK to leave the European Union and following the end of the transition period, from January 1^st, 2021 the UK has been subject to an Adequacy Agreement which will allow data to continue to be shared with European Union Countries without further safeguarding being necessary. This is to allow the European Commission suitable time to grant the UK with adequacy status, meaning they have met the required standards in ensuring data transfers to and from the UK are safe. All references to GDPR will now be referred to as UK GDPR.

For the purpose of applicable data protection legislation (including UK GDPR) and the Data Protection Act 2018 the practice responsible for your personal data, and referred to at the Data Controller, is KIRKHAM HEALTH CENTRE.

This Notice describes how we collect, use, and process your personal data, and how in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your data privacy rights.

How we use your information and the law

KIRKHAM HEALTH CENTRE will be the “Data Controller” of your personal data.

We collect basic personal data about you, which includes name, address, telephone number, email address, date of birth, next of kin information, NHS number etc.

We will also collect sensitive confidential data known as “special category personal data”, in the form of health information, religious beliefs, (if required in a healthcare setting) ethnicity, sexuality etc. and we may also receive this information about you from other health providers or third parties.

Your rights over your personal information

As an individual you have the following rights over your personal information:

Right to be informed – you have the right to be informed on how we handle, process, and share your personal information; this privacy notice ensures as a practice we satisfy this right.

Right to access your personal information– you can request access to and/or copies of the personal data we hold about you, free of charge (subject to exemptions) within one calendar month. Such requests can be made in writing, but we do request that you provide us with adequate information to process your request, such as providing full name, address, date of birth, NHS number and details of your request and, where necessary, any documents to verify your identity.

On processing a request there may be occasions when information may be withheld if we as a practice believe that releasing the information to you could cause serious harm or distress. Information may also be withheld if another person (i.e., third party) is identified in the record, and they do not want their information disclosed to you. However, if the other person mentioned in your records was acting in their professional capacity in caring for you, in normal circumstances they could not prevent you from having access to that information.

To request a copy or request access to information we hold about you and/or to request information to be corrected if it is inaccurate, please contact: ADMINISTRATION TEAM, KIRKHAM HEALTH CENTRE, MOOR STREET, KIRKHAM, PRESTON, LANCASHIRE, PR4 2DL.

Right to rectification – The correction of personal data when incorrect, out of date or incomplete will be acted upon within one calendar month of receipt of such a request.  Please ensure KIRKHAM HEALTH CENTRE has the correct contact details for you at all times.

Right to erasure – Under Article 17 of the UK GDPR individuals have the right to have personal data erased. This is also known as the ‘right to be forgotten’. The right is not absolute and only applies in certain circumstances, for example when your personal data is no longer necessary for the purpose which it was originally collected or processed for, or if you wish to withdraw your consent after you have previously given your consent.

Right to restrict processing – Article 18 of the UK GDPR gives individuals the right to restrict the processing of their personal data in certain circumstances. This means that you can limit the way that the practice uses your data. This is an alternative to requesting the erasure of your data. Individuals have the right to restrict the processing of their personal data where they have a particular reason for wanting the restriction.

Right to data portability – The right to data portability gives individuals the right to receive personal data they have provided to the Practice in a structured, commonly used, and machine-readable format (i.e., email, upload to a portable device etc.).

Right to object to processing – you have the right to object to processing, however, please note if we can demonstrate compelling legitimate grounds which outweighs your interest, then processing can continue. If we did not process any information about you and your health care if would be very difficult for us to care and treat you.

Rights in relation to automated decision making and profiling – Automated individual decision-making is a decision made by automated means (i.e., a computer system) without any human involvement. If any of the processes we use rely on automated decision making, you do have the right to ask for a human to review any computer-generated decision at any point.

Why we need your information

The healthcare professionals who provide you with care maintain records about your health and any treatment or care you have received previously. These records help to provide you with the best possible healthcare and treatment.

NHS health records may be electronic, paper-based or a mixture of both. We use a combination of working practices and technology to ensure that your information is kept confidential and secure.

Records about you may include the following information:

• Details about you, such as your address, your carer or legal representative and emergency contact details.
• Any contact the surgery has had with you, such as appointments, clinic visits, emergency appointments.
• Notes and reports about your health.
• Details about your treatment and care.
• Results of investigations such as laboratory tests, x-rays etc.
• Relevant information from other health professionals, relatives or those who care for you.
• Contact details (including email address, mobile telephone number and home telephone number).

To ensure you receive the best possible care, your records are used to facilitate the care you receive, including contacting you. Information held about you may be used to help protect the health of the public and to help us manage the NHS and the services we provide. Limited information may be used within the GP practice for clinical audit to monitor the quality of the service we provided.

How we lawfully use your data

We need your personal, sensitive, and confidential data in order to provide you with healthcare services as a General Practice, under the UK GDPR we will be lawfully using your information in accordance with:

Article 6 (1)(e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.

Article 9 (2) (h) processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems.

This Privacy Notice applies to the personal data of our patients and the data you have given us about your carers/family members.

Risk Stratification 

Risk stratification data tools are increasingly being used in the NHS to help determine a person’s risk of suffering a condition, preventing an unplanned or (re)admission and identifying a need for preventive intervention. Information about you is collected from several sources including NHS Trusts and from this GP Practice. The identifying parts of your data are removed, analysis of your data is undertaken, and a risk score is then determined. This is then provided back to your GP as data controller in an identifiable form. Risk stratification enables your GP to focus on initiatives for preventing ill health and not just the treatment of sickness, so being far more proactive in an ever-changing health climate. As a result of risk stratification, your GP may be able to offer you additional services.

Individual Risk Management at a GP practice level however is deemed to be part of your individual healthcare and is covered by our legal powers above.

Medicines Management

The Practice may conduct Medicines Management Reviews of medications prescribed to its patients. This service performs a review of prescribed medications to ensure patients receive the most appropriate, up to date and cost-effective treatments.

Patient Communication

The Practice would like to use your name, contact details, and email address to inform you of NHS services, or provide inform about your health/information to manage your healthcare or information about the management of the NHS service. There may be occasions where authorised research facilities would like you to take part in research in regard to your particular health issues, to try and improve your health. Your contact details may be used to invite you to receive further information about such research opportunities, but you must give your explicit consent to receive messages for research purposes.

Safeguarding

The Practice is dedicated to ensuring that the principles and duties of safeguarding adults and children are holistically, consistently, and conscientiously applied with the wellbeing of all patients at the heart of what we do.

Our legal basis for processing information for safeguarding purposes, as stipulated in the UK GDPR is:

Article 6(1)(e) ‘…exercise of official authority…’.

For the processing of special categories data, the basis is:

Article 9(2)(b) – ‘processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law…’

Categories of personal data

The data collected by Practice staff in the event of a safeguarding situation, will be minimised to include only the personal information as is necessary in order to handle the situation. In addition to some basic demographic and contact details, we will also process details of what the safeguarding concern is. This is likely to be special category information.

Sources of the data

The Practice will either receive or collect information when someone contacts the organisation with safeguarding concerns, or we believe there may be safeguarding concerns and make enquiries to relevant providers.

Recipients of personal data

The information is used by the Practice when handling a safeguarding incident or concern. We may share information accordingly to ensure duty of care and investigation as required with other partners such as local authorities, the police or healthcare professionals (i.e., their GP or mental health team).

Research

Clinical Practice Research Datalink (CPRD) collects anonymised patient data from a network of GP practices across the UK. Primary care data is linked to a range of other health related data to provide a fully representative UK population health dataset. You can opt out of your information being used for research purposes at any time and full details on CRPD can be found here: https://cprd.com/transparency-information.

General Practice Data for Planning and Research

The NHS needs data about the patients it treats in order to plan and deliver its services and to ensure that care and treatment provided is safe and effective. The General Practice Data for Planning and Research data collection will help the NHS to improve health and care services for everyone by collecting patient data that can be used to do this. For example, patient data can help the NHS to:

• monitor the long-term safety and effectiveness of care.
• plan how to deliver better health and care services.
• prevent the spread of infectious diseases.
• identify new treatments and medicines through health research.

GP practices already share patient data for these purposes, but this new data collection will be more efficient and effective. We have agreed to share the patient data we look after in our practice with NHS Digital who will securely store, analyse, publish, and share this patient data to improve health and care services for everyone. This includes:

• informing and developing health and social care policy
• planning and commissioning health and care services
• taking steps to protect public health (including managing and monitoring the coronavirus pandemic)
• in exceptional circumstances, providing you with individual care.
• enabling healthcare and scientific research

This means that we can get on with looking after our patients and NHS Digital can provide controlled access to patient data to the NHS and other organisations who need to use it to improve health and care for everyone.

Contributing to research projects will benefit us all as better and safer treatments are introduced more quickly and effectively without compromising your privacy and confidentiality.

NHS Digital has engaged with the British Medical Association (BMA), Royal College of GPs (RCGP) and the National Data Guardian (NDG) to ensure relevant safeguards are in place for patients and GP practices.

What data is shared about you with NHS Digital?

Data may be shared from the GP medical records about:

• any living patient registered at a GP practice in England when the collection started – this includes children and adults.
• any patient who died after this data sharing started and was previously registered at a GP practice in England when the data collection started.

We will not share your name or where you live. Any other data that could directly identify you, for example your NHS number, General Practice Local Patient Number, full postcode, and date of birth, is replaced with unique codes which are produced by de-identification software before the data is shared with NHS Digital.

This process is called pseudonymisation and means that no one will be able to directly identify you in the data. NHS Digital will be able to use the same software to convert the unique codes back to

data that could directly identify you in certain circumstances, and where there is a valid legal reason. Only NHS Digital has the ability to do this. An example would be where you consent to your identifiable data being shared with a research project or clinical trial in which you are participating, as they need to know the data is about you.

For more information about when NHS Digital may be able to re-identify the data, and how NHS Digital will use your data see the NHS Digital General Practice Data for Planning and Research Transparency Notice.

Opting Out

If you don’t want your identifiable patient data to be shared for purposes except for your own care, you can opt-out by registering a Type 1 Opt-out or a National Data Opt-out, or both. These opt-outs are different, and they are explained in more detail below. Your individual care will not be affected if you opt out using either option.

Type 1 Opt-Outs – If you do not want your identifiable patient data to be shared outside of the GP practice for purposes except your own care, you can register an opt-out with the GP practice. This is known as a Type 1 Opt-out. Type 1 Opt-outs were introduced in 2013 for data sharing from GP practices, but may be discontinued in the future as a new opt-out has since been introduced to cover the broader health and care system, called the National Data Opt-out. If this happens, patients who have registered a Type 1 Opt-out will be informed. There is more information about National Data Opt-outs below.

NHS Digital will not collect any patient data for patients who have already registered a Type 1 Opt-in line with current policy. If this changes patients who have registered a Type 1 Opt-out will be informed.

If you do not want your patient data shared with NHS Digital for the purposes above, you can register a Type 1 Opt-out with your GP practice. You can register a Type 1 Opt-out at any time. You can also change your mind at any time and withdraw a Type 1 Opt-out.

If you have already registered a Type 1 Opt-out with us your data will not be shared with NHS Digital. If you have previously registered a Type 1 Opt-out and you would like to withdraw this, you can use the form to do this. You can send the form by post or email to your us at the GP Practice or call 0300 3035678 for a form to be sent out to you.

If you register a Type 1 Opt-out after your patient data has already been shared with NHS Digital, no more of your data will be shared with NHS Digital. NHS Digital will however still hold the patient data which was shared with them before you registered the Type 1 Opt-out.

If you do not want NHS Digital to share your identifiable patient data with anyone else for purposes beyond your own care, then you can also register a National Data Opt-out.

National Data Opt-Out

If you don’t want your confidential patient information to be shared by NHS Digital with other organisations for purposes except your own care – either GP data, or other data it holds, such as hospital data – you can register a National Data Opt-out.

If you have registered a National Data Opt-out, NHS Digital will not share any confidential patient information about you with other organisations, unless there is an exemption to this, such as where there is a legal requirement or where it is in the public interest to do so, such as helping to manage contagious diseases like coronavirus. You can find out more about exemptions on the NHS website.

From 1 October 2021, the National Data Opt-out will also apply to any confidential patient information shared by the GP practice with other organisations for purposes except your individual care. It will not apply to this data being shared by GP practices with NHS Digital, as it is a legal requirement for us to share this data with NHS Digital and the National Data Opt-out does not apply where there is a legal requirement to share data.

You can find out more about and register a National Data Opt-out or change your choice on nhs.uk/your-nhs-data-matters or by calling 0300 3035678. 

You can also set your opt-out preferences via the NHS App if you are registered to use this application.

The legal bases for processing this information.

The Health and Social Care Act 2012 covers the sharing and collection of health and care data. It says that when the Secretary of State for Health and Social Care needs to collect and analyse data to help the health service, they can tell NHS Digital to do this for them.  The instruction, which NHS Digital must act on, is called a direction. In this case:

1.) The Secretary of State for Health and Social Care sent a direction to NHS Digital, instructing them to collect and analyse general practice data for health and social care purposes including policy, planning, commissioning, public health, and research purposes.

2.) NHS Digital sent all GP practices a document called a Data Provision Notice, giving details of the data it needs GP Practices like ours to share so it can comply with the direction. All GP Practices in England are required to share data with NHS Digital when they are sent a Data Provision Notice.

Under data protection law, we can only share patient data if we have a legal basis under Articles 6 and 9 of the UK GDPR. Our legal basis for sharing patient data with NHS Digital is Article 6(1)(c) – legal obligation, as we are required under the 2012 Act to share it with NHS Digital.

When we are sharing patient data about health, we also need a legal basis under Article 9 of the UK GDPR. This is:

• Article 9(2)(g) – as we are sharing patient data for reasons of substantial public interest, for the purposes of NHS Digital exercising its statutory functions under the General Practice Data for Planning and Research Directions. It is substantially in the public interest to process patient data for planning and research purposes to improve health and care services for everyone. This is permitted under paragraph 6 of Schedule 1 of the Data Protection Act 2018 (DPA).
• Article 9(2)(h) – as we are sharing patient data for the purposes of providing care and managing health and social care systems and services. This is permitted under paragraph 2 of Schedule 1 of the DPA.
• Article 9(2)(i) – as patient data will also be used for public health purposes. This is permitted under paragraphs 3 of Schedule 1 of the DPA.
• Article 9(2)(j) – as patient data will also be used for the purposes of scientific research and for statistical purposes. This is permitted under paragraph 4 of Schedule 1 of the DPA.

Third party processors

In order to deliver the best possible service, the practice will share data (where required) with other NHS bodies such as other GP practices and hospitals. In addition, the practice will use carefully selected third party service providers. When we use a third-party service provider to process data on our behalf then we will always have an appropriate agreement in place to ensure that they keep the data secure, that they do not use or share information other than in accordance with our instructions and that they are operating appropriately. Examples of functions that may be carried out by third parties include:

• Companies that provide IT services & support, including our core clinical systems; systems which manage patient facing services (such as our website and service accessible through the same); data hosting service providers; systems which facilitate appointment bookings or electronic prescription services; document management services etc.
• Delivery services (for example if we were to arrange for delivery of any medicines to you).
• Payment providers (if for example you were paying for a prescription or a service such as travel vaccinations).

Further details regarding specific third-party processors can be supplied on request to the practice.

How we maintain the confidentiality of your records

We are committed to protecting your privacy and will only use information collected lawfully in accordance with:

• Data Protection Act 2018
• The UK General Data Protection Regulations (UK GDPR)
• Human Rights Act 1998
• Common Law Duty of Confidentiality
• Health and Social Care Act 2012
• NHS Codes of Confidentiality, Information Security and Records Management
• Information: To Share or Not to Share Review

Every member of staff who works for an NHS organisation has a legal obligation to keep information about you confidential.

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), where the law requires information to be passed on and/or in accordance with the information sharing principle following Dame Fiona Caldicott’s information sharing review (Information to share or not to share) where “The duty to share information can be as important as the duty to protect patient confidentiality.” This means that health and social care professionals should have the confidence to share information in the best interests of their patients within the framework set out by the Caldicott principles.

Our practice policy is to respect the privacy of our patients, their families, and our staff and to maintain compliance with the UK GDPR and all UK specific Data Protection Requirements. Our policy is to ensure all personal data related to our patients will be protected.

All employees and sub-contractors engaged by our practice are asked to sign a confidentiality agreement. The practice will, if required, sign a separate confidentiality agreement if the client deems it necessary. If a sub-contractor acts as a data processor for KIRKHAM HEALTH CENTRE an appropriate contract will be established for the processing of your information.

In certain circumstances you may have the right to withdraw your consent to the processing of data. Please contact Tina Eccles in writing if you wish to withdraw your consent. If some circumstances we may need to store your data after your consent has been withdrawn to comply with a legislative requirement.

Some of this information will be held centrally and used for statistical purposes. Where we do this, we take strict measures to ensure that individual patients cannot be identified. Sometimes your information may be requested to be used for research purposes – the surgery will always gain your consent before releasing the information for this purpose in an identifiable format. In some circumstances you can Opt-out of the surgery sharing any of your information for research purposes.

With your consent we would also like to use your information

There are times that we may want to use your information to contact you or offer you services, not directly about your healthcare, in these instances we will always gain your consent to contact you. We would however like to use your name, contact details, and email address to inform you of other services that may benefit you. We will only do this with your consent. There may be occasions where authorised research facilities would like you to take part on innovations, research, improving services or identifying trends, you will be asked to opt into such programmes if you are happy to do so.

At any stage where we would like to use your data for anything other than the specified purposes and where there is no lawful requirement for us to share or process your data, we will ensure that you have the ability to consent and opt out prior to any data processing taking place.

This information is not shared with third parties or used for any marketing and you can unsubscribe at any time via phone, email or by informing the practice.

Where we store your electronic information

All the personal data we process is processed by our staff in the UK however for the purposes of IT hosting and maintenance this information may be located on servers within the European Union.

No third parties have access to your personal data unless the law allows them to do so, and appropriate safeguards have been put in place such as a Data Processing agreement. We have a Data Protection regime in place to oversee the effective and secure processing of your personal and or special category data.

EMIS Web

The Practice uses a clinical system provided by a Data Processor called EMIS. Since June 2019, EMIS commenced storing your practice’s EMIS Web data in a highly secure, third party cloud hosted environment, namely Amazon Web Services (“AWS”).

The data will remain in the UK at all times and will be fully encrypted both in transit and at rest. In doing this there will be no change to the control of access to your data and the hosted service provider will not have any access to the decryption keys. AWS is one of the world’s largest cloud companies, already supporting numerous public sector clients (including the NHS), and it offers the very highest levels of security and support.

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/Foundation Trusts
• GP’s
• Primary Care Networks
• Integrated Care Systems
• NHS Commissioning Support Units
• Independent Contractors such as dentists, opticians, pharmacists
• Private Sector Providers
• Voluntary Sector Providers
• Ambulance Trusts
• Clinical Commissioning Groups
• Social Care Services
• NHS England (NHSE) and NHS Digital (NHSD)
• Multi Agency Safeguarding Hub (MASH)
• Local Authorities
• Education Services
• Fire and Rescue Services
• Police & Judicial Services
• Other ‘data processors’ which you will be informed of

You will be informed who your data will be shared with and in some cases asked for consent for this to happen when this is required.

Computer System of Choice

This practice operates a Clinical Computer System of Choice on which NHS Staff record information securely. This information can then be shared with other clinicians so that everyone caring for you is fully informed about your medical history, including allergies and medication.

To provide around the clock safe care, unless you have asked us not to, we will make information available to our Partner Organisations (as listed above). Wherever possible, their staff will ask for your consent before your information is viewed.

Shared Care Records

To support your care and improve the sharing of relevant information to our partner organisations when they are involved in looking after you, we will share information to other systems. You can opt-out of this sharing of your records with our partners at any time if this sharing is based on your consent.

We may also use external companies to process personal information, such as for archiving purposes. These companies are bound by contractual agreements to ensure information is kept confidential and secure. All employees and sub-contractors engaged by our practice are asked to sign a confidentiality agreement. If a sub-contractor acts as a data processor for KIRKHAM HEALTH CENTRE an appropriate contract will be established for the processing of your information.

Sharing your information without consent

We will normally ask you for your consent, but there are times when we may be required by law to share your information without your consent, for example:

• where there is a serious risk of harm or abuse to you or other people.
• safeguarding matters and investigations
• where a serious crime, such as assault, is being investigated or where it could be prevented.
• notification of new births
• where we encounter infectious diseases that may endanger the safety of others, such as meningitis or measles (but not HIV/AIDS)
• where a formal court order has been issued
• where there is a legal requirement, for example if you had committed a Road Traffic Offence

How long we store your information for

We are required under UK law to keep your information and data for the full retention periods as specified by the NHS Records management code of practice for health and social care and national archives requirements.

More information on records retention can be found in the NHS Records Management Code of Practice 2020.

Destruction

This will only happen following a review of the information at the end of its retention period. Where data has been identified for disposal, we have the following responsibilities:

• to ensure that information held in manual form is destroyed using a cross-cut shredder or contracted to a reputable confidential waste company that complies with European Standard EN15713 and obtain certificates of destruction.
• to ensure that electronic storage media used to store, or process information are destroyed or overwritten to national standards.

Primary Care Networks

The objective of Primary Care Networks (PCNs) is for group practices working together to create more collaborative workforces which ease the pressure of GP’s, leaving them better able to focus on patient care. The aim is for all areas within England to be covered by a PCN.

Primary Care Networks form a key building block of the NHS long-term plan. Bringing general practices together to work at scale has been a policy priority for some years for a range of reasons, including improving the ability of practices to recruit and retain staff; to manage financial and estates pressures; to provide a wider range of services to patients and to integrate with the wider health and care system more easily.

All GP practices are expected to come together in geographical networks covering populations of approximately 30–50,000 patients and take advantage of additional funding attached to the GP contract.

This means the practice may share your information with other practices within the PCN to provide you with your care and treatment.

KIRKHAM HEALTH CENTRE is a member of the WREN PCN which includes the following local GP Practices:

• Ash Tree House
• Garstang Medical Practice
• Great Eccleston Health Centre
• Over Wyre Medical Centre

Access to your personal information 

You have a right under the Data Protection legislation to request access to view or to obtain copies of what information the surgery holds about you and to have it amended should it be inaccurate. For any request you should:

• Make your request directly to the practice. (For information from a hospital or other Trust/NHS organisation you should write directly to them).
• Be aware that there is no charge to have a copy of the information held about you.
• Be aware that information must be released to you within one calendar month (unless in exceptional circumstances, which you will be informed of a part of the process).
• Be aware you may be asked for key information to process the request (for example full name, address, date of birth, NHS number and details of your request) so that your identity can be verified, and your records retrieved.

What to do if your personal information changes

You should tell us so that we can update our records as we are required to keep accurate and up-to-date records at all times. Please contact the Practice as soon as any of your details change, this is especially important for changes of address or contact details (such as your mobile phone number). The practice will from time to time ask you to confirm that the information we currently hold is accurate and up to date.

Objections/Complaints

Should you have any concerns about how your information is managed at the practice, please contact Tina Eccles in the first instance. If you are still unhappy following a review of your concerns by the practice, you have the right to lodge a complaint with a supervisory authority, the Information Commissioner’s Office using the contact details below:

Information Commissioner’s Office,
Wycliffe House,
Water Lane,
Wilmslow,
Cheshire,
SK9 5AF

Tel: 01625 545745
Website: https://ico.org.uk/

If you are happy for your data to be used for the purposes described in this privacy notice, then you do not need to do anything. If you have any concerns about how your data is shared, then please contact the Practice Data Protection Officer, Caldicott Guardian or IG Lead.

If you would like to know more about your rights in respect of the personal data that we hold about you, please use the contact details below:

• IG Lead: Dr N V Cartmell
• Caldicott Guardian: Susan Laycock
• Data Protection Officer: Hayley Gidman – mlcsu.dpo@nhs.net

Useful Links

Please find below some links to external webpages which you may wish to access to find out additional information:

• Information Commissioners Office
• Information Governance Alliance
• NHS Constitution
• NHS Digital Guide to Confidentiality in Health and Social Care
• Health Research Authority
• Health Research Authority Confidentiality Advisory Group (CAG)
• National Data Opt-Out

The NHS is there for us from the moment we are born. It takes care of us and our family members when we need it most.

The NHS Constitution was created to protect the NHS and ensure it will always do the things it was set up to do when launched in 1948: provide high quality healthcare that is free and for everyone.

No government is able to change this constitution – essentially a promise that the NHS will always be there for you – without the full involvement of staff, patients and the public

The NHS Constitution sets out what you can expect from the NHS, your rights as a patient, the quality of care you’ll receive, the treatments available to you and your right to comment and complain.

Download a copy here.

Patient responsibilities

To help all healthcare services provide a prompt, courteous and efficient service to all, we ask you to:

• Use appointment and prescription systems appropriately and responsibly
• Supply information requested by staff
• Treat staff with courtesy and respect

Your doctor and other NHS healthcare professionals caring for you need to keep records about your health and any treatment and care you receive from the NHS. These records help to ensure that you receive the best possible care and healthcare professionals have the most accurate, up-to-date information about you, while any concerns you may have can be properly investigated.

How health records are used

Some of the information on your health record is held centrally and used for statistical purposes. Where this is the case, strict measures ensure that individual patients cannot be identified.

Where we need to use identifiable information for essential purposes, we will only ever use this information with your consent, unless the law requires us to pass on the information. We will ensure that appropriate information is available if you see another health professional or are referred to a specialist or another part of the NHS.

Who information is shared with

We may share information with the following main partners:

• NHS hospital trusts and other care providers
• Ambulance services
• Clinical commissioning groups
• NHS England
• NHS commissioning support units
• External suppliers providing healthcare services to the NHS

We may also share your information with:

• Social services
• Education services
• Local authorities
• Voluntary sector providers
• Private sector providers
• Police and judicial services

Whenever you use a health or care service, such as attending Accident & Emergency or using Community Care services, important information about you is collected in a patient record for that service. Collecting this information helps to ensure you get the best possible care and treatment.

The information collected about you when you use these services can also be used and provided to other organisations for purposes beyond your individual care, for instance to help with:

• improving the quality and standards of care provided
• research into the development of new treatments
• preventing illness and diseases
• monitoring safety
• planning services

This may only take place when there is a clear legal basis to use this information. All these uses help to provide better health and care for you, your family and future generations. Confidential patient information about your health and care is only used like this where allowed by law.

Most of the time, anonymised data is used for research and planning so that you cannot be identified in which case your confidential patient information isn’t needed.

To find out more or to register your choice to opt out, please visit www.nhs.uk/your-nhs-data-matters. On this web page you will:

• See what is meant by confidential patient information
• Find examples of when confidential patient information is used for individual care and examples of when it is used for purposes beyond individual care
• Find out more about the benefits of sharing data
• Understand more about who uses the data
• Find out how your data is protected
• Be able to access the system to view, set or change your opt-out setting
• Find the contact telephone number if you want to know any more or to set/change your opt-out by phone
• See the situations where the opt-out will not apply

You can also find out more about how patient information is used at:

• https://understandingpatientdata.org.uk/what-you-need-know (which covers how and why patient information is used, the safeguards and how decisions are made)

You can change your mind about your choice at any time.

Ensuring confidentiality

Under the Data Protection Act (1998) all staff working for the NHS have a legal duty to keep personal information confidential. We never disclose your information to any third party without your permission unless there are exceptional circumstances (such as when the health and safety of others is at risk or it is required by law). Anyone who receives information from us is legally bound to keep it confidential.

Access to your health records

If you want to view your health records, you may not need to make a formal application. Healthcare professionals can informally show you your own records, and you can make an informal request during a consultation or by phoning the surgery.

Under the Data Protection Act 1998 you have a legal right to apply for access to health information held about you, and you don’t have to give a reason.

You should submit your request in writing or by email to your GP, and we will then decide whether your request can be approved. A request can be refused if, for example, it is believed that releasing the information may cause serious harm to your physical or mental health or that of another person.

Under the Data Protection Act, requests for access to records should be met within 28 days. However, government guidance for healthcare organisations says they should aim to respond within 21 days.

Everyone who is cared for by the NHS in England has formal rights to make choices about the service they receive. These include the right to choose a GP surgery, to state which GP you’d like to see, to choose which hospital you’re treated at, and to receive information to support your choices.