Legal Information - All In One Place

• To give direct health or social care to individual patients.
• For example, when a patient agrees to a referral for direct care, such as to a hospital, relevant information about the patient will be shared with the other healthcare staff to enable them to give appropriate advice, investigations, treatments and/or care.
• To check and review the quality of care. (This is called audit and clinical governance).

These purposes are supported under the following sections of the GDPR:

Article 6(1)(e) '...necessary for the performance of a task carried out in the public interest or in the exercise of official authority...'; and

Article 9(2)(h) 'necessary for the purposes of preventative 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 and services...'

Healthcare staff will also respect and comply with their obligations under the common law duty of confidence.

Medical research and to check the quality of care which is given to patients (this is called national clinical audit).

We also use patient feedback from surveys or online reviews to monitor service standards.

The following sections of the GDPR mean that we can use medical records for research and to check the quality of care (national clinical audits):

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'.

For medical research: there are two possible conditions.

Either:

Article 9(2)(a) – 'the data subject has given explicit consent...'

Or:

Article 9(2)(j) – 'processing is necessary for... scientific or historical research purposes or statistical purposes in accordance with Article 89(1) based on Union or Member States law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and interests of the data subject'.

To check the quality of care (clinical audit):

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...'

These purposes are supported under the following sections of the GDPR:

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

Article 9(2)(g) – 'processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject;'

Schedule 1 part 2 of the Data Protection Act 2018 lists the substantial public interest conditions, of which paragraph 2 states data can be processed when the purpose is for the exercise of function conferred on a person by enactment or rule of law.

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.

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...'

Child immunisations

Clinical Commissioning Group for clinical audit to monitor the quality of the service provided to patients with long terms conditions

Anonymised data may be used for research purposes

To enable focused discussions to take place at practice-led local diabetes and long-term condition management review meetings

A request made on your behalf, with your consent, by a clinician, for funding of specialised healthcare

Using your NHS number to check which Clinical Commissioning Group is responsible for paying for your treatment

This list is held in the National Health Application and Infrastructure Services (NHAIS) systems. The data from the NHAIS list is used to update the Personal Demographics Service (PDS). This provides information for hospitals, Public Health England Cancer Screening Programmes, Child Health systems and other health providers making sure that they know their patients' current GP Practice and can access other essential information such as the Summary Care Record.

Hammersmith & Fulham Central Primary Care Network (H&F Central PCN), a group of 5 geographically local practices

For data, matching is carried out with statutory authority under Part 6 of the Local Audit and Accountability Act 2014

National Registries (such as the Learning Disabilities Register) have statutory permission under Section 251 of the NHS Act 2006, to collect and hold service user identifiable information without the need to seek informed consent from each individual service user

Is a process for identifying and managing patients who have or may be at-risk of health conditions (such as diabetes) or who are most likely to need healthcare services (such as people with frailty)

To ensure that adult and children's safeguarding matters are managed appropriately, access to identifiable information will be shared in some limited circumstances where it's legally required for the safety of the individuals concerned

To support patient care. It contains key information from your GP record. Your SCR provides authorised healthcare staff with faster, secure access to essential information about you in an emergency or when you need unplanned care, where such information would otherwise be unavailable

NWL Clinical Commissioning Groups use pharmacist and prescribing advice services to support local GP practices

CCGs support GP practices by auditing anonymised data to monitor locally commissioned services, measure prevalence and support data quality

Data may be analysed in cases of suspected cancer by a number of reputable third-party universities and organisations

We have signed an agreement with our Local Authorities to allow trained Public Health personnel access to a limited amount of patient information

• NHS Trusts
• Specialist Trusts
• GP Federations
• Independent Contractors such as dentists, opticians, pharmacists
• Private Sector Providers
• Voluntary Sector Providers
• Ambulance Trusts
• Clinical Commissioning Groups
• Social Care Services
• Local Authorities
• Education Services
• Fire and Rescue Services
• Police
• Other 'data processors'

Specific details of the organisations with whom we share your data can be seen here: https://www.nwlondonccg.nhs.uk/your-health/your-patient-record.

• You have the right to object to information being shared between those who are providing you with direct care.
• This will not affect your entitlement to care, but this may affect the care you receive – please speak to the practice.
• Any objection will be reviewed by the Practice and a decision taken on whether to uphold the request. The right to object is not an absolute right.
• In appropriate circumstances it is a legal and professional requirement to share information for safeguarding reasons. This is to protect people from harm.
• The information will be shared with the local safeguarding service.

• You have the right to access your medical record and have any errors or mistakes corrected. Please speak to a member of staff.
• You have the right to request rectification of your record if you believe the information contained within it is wrong. Information will only be deleted in very exceptional circumstances. In most instances, the original information will be retained on the record noting the rectified information.

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://transform.england.nhs.uk/information-governance/guidance/records-management-code/or contact us at the practice.

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

We receive information about your health from other organisations that are involved in providing you with health and social care. For example, if you go to hospital for treatment or an operation the hospital will send us a letter to let us know what happens. This means your GP medical record is kept up-to-date when you receive care from other parts of the health service.