This is the Privacy and Practice Fair processing notice of Dr Rai and Partners. In this document, “we”, “our”, or “us” refers to Dr Rai and Partners, Clydebank Health & Care Centre, Queens Quay, Main Avenue, Clydebank, G81 1BS.
Telephone number: 0141 531 6464
Under the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2018 we are contracted to provide continuing, comprehensive, co-ordinated and person centred healthcare to patients in their communities. We undertake these tasks so that we can help to promote the improvement of the physical and mental health of our patients.
About NHS Scotland
Founded in 1948, NHS Scotland is made up of various organisations such as:
- NHS Boards
- GP practices
- The Scottish Ambulance Service
- This is a notice to inform you of our Policy concerning all information that we record about you. It sets out the conditions under which we may process any information that we collect from you, or that you provide to us. It covers information that could identify you (personal information) and information that could not. In the context of the Law and this notice, ‘process’ means collect, store, transfer, use or otherwise act on information
- We regret that if there are one or more points below with which you are not happy, your only recourse is to leave our website immediately
- We take seriously the protection of your privacy and confidentiality. We understand that all visitors to our website are entitled to know that their personal data will not be used for any purpose unintended by them, and will not accidentally fall into the hands of a third party
- We undertake to preserve the confidentiality of all information you provide to us, and hope that you reciprocate
- Our Policy complies with UK Law accordingly implemented, including that required by the EU General Data Protection Regulation (GDPR)
- The Law requires us to tell you about your rights and our obligations to you with regards to the processing and control of your personal data. We do this now, by requesting that you read the information provided at Know Your Privacy Rights
- Except as set out below, we do not share, sell or disclose to a third party, any information collected through our website.
- The UK General Data Protection Regulation (UKGDPR) and the Data Protection Act 2018 (DPA 2018) became law on 25th May 2018, and 1st January 2021 when the UK exited the EU. For the purpose of applicable data protection legislation (including but not limited to the General Data Protection Regulation (Regulation (UK) 2016/679) (the “UKGDPR”), and the Data Protection Act 2018 the practice is responsible for your personal data.
The Charter of Patient Rights and Responsibilities
The Charter of Patient Rights and Responsibilities (the ‘charter’) summarises what you are entitled to when you use NHS services and receive NHS care in Scotland.
What is GDPR?
The Caldicott Guardian/IG Lead is responsible for;
- Ensuring implementation of the Caldicott Principles and Data Security Standards with respect to Patient Confidential Data
- Ensuring that the Practice processes satisfy the highest practical standards for handling patient information and provide advice and support to Practice staff as required
- Ensuring that patient identifiable information is shared appropriately and in a secure manner. The Caldicott Guardian will liaise where there are reported incidents of person identifiable data loss or identified threats and vulnerabilities in Practice information systems to mitigate the risk.
The aim of the Caldicott Guardian is to ensure the organisation implements the Caldicott principles and data security standards; there is no need to appoint a Caldicott Guardian, but there is a need to have an Information Governance lead (sometimes referred to as a Caldicott lead) who, if they are not a clinician, will need support from a clinically qualified individual.
Please note this policy is only applicable if CCTV has been installed.
Closed circuit TV is installed at our premises. This is for the purposes of staff, patient and premises security. Cameras are located at various places on the premises and images from the cameras are recorded. The use of CCTV falls within the scope of the Data Protection Act. Images from cameras and recordings are held on a computer system and held in secure storage with controlled access for the required statutory period.
Sometimes your information may be requested to be used for research purposes – we will always ask your permission before releasing your information for this purpose.
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.
Patients who opt out
For us to be able to exclude patients that have requested not to be contacted about research, we request that the read code 9Ndd (Declined consent for researcher to access clinical record) or 9Nu0 (Dissent from secondary use of GP patient identifiable data) be added to their medical records.
When we receive a complaint, we record all the information you have given to us.
We use that information to resolve your complaint.
If your complaint reasonably requires us to contact some other person, we may decide to give to that other person some of the information contained in your complaint. We do this as infrequently as possible, but it is a matter for our sole discretion as to whether we do give information, and if we do, what that information is.
We may also compile statistics showing information obtained from this source to assess the level of service we provide, but not in a way that could identify you or any other person.
All staff in the Practice sign a Confidentiality Agreement that explicitly makes clear their duties in relation to personal health information and the consequences of breaching that duty.
Please be aware that your information will be accessed by non-clinical Practice staff in order to perform tasks enabling the functioning of the Practice. These include, but are not limited to:
- typing referral letters to Hospital Consultants or allied Healthcare Professionals
- opening letters from Hospitals and Consultants
- scanning clinical letters, radiology reports and any other documents not available in electronic format
- photocopying or printing documents for referral to Consultants
- handling, printing, photocopying and postage of medical legal and insurance reports and of associated documents.
Data may be processed outside the European Union
Our website is hosted in the United Kingdom. We may also use outsourced services in countries outside the European Union from time to time in other aspects of our business. Accordingly data obtained within the UK or any other country could be processed outside the European Union.
Encryption of data sent between us
We use Secure Sockets Layer (SSL) certificates to verify our identity to your browser and to encrypt any data you give us. Whenever information is transferred between us, you can check that it is done so using SSL by looking for a closed padlock symbol or other trust mark in your browser’s URL bar or toolbar.
Retention period for personal data
Except as otherwise mentioned in this Privacy Notice, we keep your personal information only for as long as required by us:
- to provide you with the services you have requested
- to comply with other Laws, including for the period demanded by our tax authorities
- to support a claim or defence in Court
In accordance with the NHS Codes of Practice for Records Management, healthcare records will be retained for the patient’s lifetime and 3 years after the patient’s death.
Further information – Understanding Patient Data
Understanding Patient Data supports better conversations about the uses of health information. Our aim is to explain how and why data can be used for care and research, what’s allowed and what’s not, and how personal information is kept safe. We work with patients, charities and Healthcare Professionals to champion responsible use of data.
The Data Protection Act 2018 requires organisations to register a notification with the Information Commissioner to describe the purposes for which they process personal and sensitive information.
The Practice is registered as the data controller and our registration can be viewed online in the public register at: Register of fee payers. Any changes to this notice will be published on our website and in a prominent area at the Practice.
Data processors are responsible for the processing of personal data on behalf of the data controller. Processors must ensure that processing is lawful and that at least one of the following applies:
- The data subject has given consent to the processing of his/her personal data for one or more specific purposes
- 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
- Processing is necessary for compliance with a legal obligation to which the controller is subject
- Processing is necessary in order to protect the vital interests of the data subject or another natural person
- 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
- Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child
At our Practice all staff are classed as data processors as their individual roles will require them to access and process personal data.
Data Protection Officer (DPO)
The Data Protection Officer is responsible for ensuring the Practice remains compliant at all times with Data Protection, Privacy & Electronic Communications Regulations, Freedom of Information Act and the Environmental Information Regulations. The Data Protection Officer shall:
- Lead on the provision of expert advice to the Practice on all matters concerning the Data Protection Act, compliance, best practice and setting and maintaining standards
- Inform and advise the organisation and its employees of their data protection obligations under the GDPR
- Monitor the organisation’s compliance with the GDPR and internal data protection policies and procedures. This will include monitoring the assignment of responsibilities, awareness training, and training of staff involved in processing operations and related audits
- Advise on the necessity of data protection impact assessments (DPIAs), the manner of their implementation and outcomes
- Serve as the contact point to the data protection authorities for all data protection issues, including data breach reporting.
The DPO will be independent and an expert in data protection. The DPO will be the Practice’s point of contact with the Information Commissioner’s Office.The DPO can be contacted via the contact details at the top of this notice, please address your request for the attention of the Data Protection Officer.
Please contact the Data Protection Officer if:
- You have any questions about how your information is being held
- If you require access to your information or if you wish to make a change to your
- If you wish to make a complaint about anything to do with the personal and healthcare
- information we hold about you
- Or any other query relating to this Policy and your rights as a patient.
Data Subject Access Requests (DSAR)
Data Subject Access Requests (DSAR): 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. To request this, you need to do the following:
- Your request should be made to the Practice – for information from the hospital you should write direct to them
- There is no charge to have a copy of the information held about you
- We are required to respond to you within one month
- You will need to give adequate information (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 located information we hold about you at any time.
Department for Work and Pensions
Our practice is legally required to provide anonymised data on patients who have been issued with a fit note under the Fit for Work scheme. The purpose is to provide the Department for Work and Pensions with information from Fit Notes to improve the monitoring of public health and commissioning and quality of health services.
Emergency Care Summary (ECS)
Emergency care information such as your name, date of birth, the name of your GP, any medicines which your GP has prescribed, any medicines you are allergic to or react badly to, is shared with Out of Hours Healthcare Professionals as this might be important if you need urgent medical care when the GP surgery is closed.
NHS staff (Doctors, Nurses, Accident and Emergency Department, Ambulance Control and Crews) can look at your ECS if they need to treat you when the surgery is closed. They will ask for your consent before they look at your records.
In an emergency and if you are unconscious, staff may look at your ECS without your agreement to let them give you the best possible care.
How you can complain
If you are happy for your data to be extracted and 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.
- If a dispute is not settled then we hope you will agree to attempt to resolve it by engaging in good faith with us in a process of mediation or arbitration
- If you are in any way dissatisfied about how we process your personal information, you have a right to lodge a complaint with the information Commissioner’s Office. This can be done at ICO how to make complaint.
Identifying patients who might be at risk of certain diseases
- Your medical records will be searched by a computer programme so that we can identify patients who might be at high risk from certain diseases such as heart disease or unplanned admissions to hospital.
- This means we can offer patients additional care or support as early as possible.
- This process will involve linking information from your GP record with information from other health or social care services you have used.
- Information which identifies you will only be seen by this practice.
- Contact us if you require more information on this.
Job application and employment
If you send us information in connection with a job application, we may keep it for up to three years in case we decide to contact you at a later date.
If we employ you, we collect information about you and your work from time to time throughout the period of your employment. This information will be used only for purposes directly relevant to your employment. After your employment has ended, we will keep your file for six years before destroying or deleting it.
Keeping your records up to date
GDPR requires that the information we hold about you is accurate and current. We rely on our patients to tell us if they have moved house, or had medical treatment abroad. For our part, we will update your medical records at each consultation with a doctor or a nurse (either face to face, or by telephone), and with any relevant information we receive from hospital, community or social services providers (eg new diagnoses, change in circumstances).
Key information Summary (KIS)
Key information summary (KIS) has been designed to support patients who have complex care needs or long term conditions. KIS allows important information to be shared with Healthcare Professionals in unscheduled care in NHS 24, A&E, Scottish Ambulance Service, Out of Hours Service, Hospital and Pharmacy environments.
Information contained in KIS summary includes future care plans, medications, allergies, diagnosis, your wishes, carer and next of kin details. You have the right to say that you do not want Healthcare staff to see ECS/KIS. Please contact the Practice.
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. This service is provided to practices within our local GP Cluster.
If you provide us with your mobile phone number, we may use this to send you reminders about any appointments or other health screening information being carried out. This may be by telephone call or SMS text messaging, ( if this service is available). Please contact the reception if you wish to ‘opt-out’ of this service and this information will be added to your records.
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.
You have a right to object to your information being shared. Should you wish to opt out of data collection, please contact a member of staff who will be able to explain how you can opt out and prevent the sharing of your information; this is done by registering a Type 1 opt-out, preventing your information from being shared outside this Practice.
If you have previously opted-out of any data sharing arrangements, your Opt-Out I will continue to be valid.
Patient Rights (as the Data Subject) The right to erasure
The right to erasure is also known as “the right to be forgotten” and in general refers to an individual’s right to request the deletion or removal of personal information where there is no compelling reason for the Practice to continue using it. As with other rights, there are particular conditions around this right and it does not provide individuals with an absolute right to be forgotten.
Individuals have the right to have their personal information deleted or removed in the following circumstances:
- When it is no longer necessary for the purpose for which it was collected
- When the Practice no longer have a legal basis for using you your personal information, for example if you gave us consent to use your personal information in a specific way, and you withdraw your consent, we would need to stop using your information and erase it unless we had an overriding reason to continue to use it
- When you object to the Practice using your personal information and there is no overriding legitimate interest for us to continue using it
- If we have used your personal information unlawfully
- If there is a legal obligation to erase your personal information for example by court order.
The Practice can refuse to deal with your request for erasure when we use your personal information for the following reasons:
- to comply with a legal obligation for the performance of a public interest task or exercise of official authority
- for public health purposes in the public interest
- archiving purposes in the public interest, scientific research historical research or statistical purpose
- the exercise or defence of legal claims.
When using personal information our legal basis is usually that its use is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in us under the NHS Scotland Act as noted previously. This means that in most circumstances we can refuse requests for erasure. However we will advise you of this as soon as possible following receipt of your request.
The right to restrict processing
You have the right to control how we use your personal information in some circumstances. This is known as the right to restriction. When processing is restricted, the Practice is permitted to store your personal information, but not further use it until an agreement is reached with you about further processing. We can retain enough information about you to ensure that your request for restriction is respected in the future.
Examples of ways you can restrict our processing would be:
- If you challenge the accuracy of your personal information, stop using it until we check its accuracy
- If you object to processing which is necessary for the performance of our tasks in the public interest or for the purpose of legitimate interests, we will restrict our processing while we consider whether our legitimate grounds override your individual interests, rights and freedoms
- If our use of your personal information is found to be unlawful and you ask for restriction instead of full erasure we will restrict our processing
- If we no longer need your personal information but you need it to establish, exercise or defend a legal claim, we will restrict our processing.
If we have shared your personal information with any individuals or organisations, if we restrict our processing, we will tell those individuals or organisations about our restriction if it is possible and not an unreasonable amount of effort. Whenever we decide to lift a restriction on processing we will tell you.
The right to rectification
If the personal information we hold about you is inaccurate or incomplete you have the right to have this corrected.
If it is agreed that your personal information is inaccurate or incomplete we will aim to amend your records accordingly, normally within one month, or within two months where the request is complex. However, we will contact you as quickly as possible to explain this further if the need to extend our timescales applies to your request. Unless there is a risk to patient safety, we can restrict access to your records to ensure that the inaccurate or incomplete information is not used until amended.
If for any reason we have shared your information with anyone else, such as for a referral to another service, we will notify them of the changes required to ensure their records are accurate.
If on consideration of your request we do not consider the personal information to be inaccurate then we will add a comment to your record stating your concerns about the information. If this is the case we will contact you within one month to explain our reasons for this.
The right to data portability
The right to data portability allows individuals to obtain and re-use their personal information for their own purposes across different services. It allows them to move, copy or transfer personal information easily from one IT environment to another in a safe and secure way. For example: it enables consumers to take advantage or applications and services which can use their information to find them a better deal.The right to data portability only applies when the individual has submitted their personal information directly, through electronic means to our Practice.This means that in most circumstances the right to data portability does not apply within the Practice.
Rights related to automated decision making and profiling
You have the right to object to any instances where a decision is made about you solely by automated means without any human involvement, including profiling.
The Practice does not undertake any decision-making about you using wholly automated means.
Invoking your rights
If you wish to invoke any of the data subject rights then please write to The Practice Manager, at the above address.
Processing of prescriptions
We process prescription requests on a daily basis. This involves our staff accessing information held about you on our computer database, to produce prescription(s) that you, your carer, nominated person or Pharmacy has requested. Prescriptions can be requested using various methods: by telephone (if accepted by the Practice), online via our computer system, by post, in writing, via fax (if available) or in person. Please refer to our Prescription Procedure for further information. If using the postal service always allow extra time so you do not run out of your medication.
Collection/uplift of prescriptions
We will always ask for your details when a prescription uplift request is received; this could be your name, date of birth and address, medication you requested, or Community Health Index Number (which uniquely identifies you). This ensures that we can produce your prescription(s) efficiently, and reduces the risk of an incorrect prescription being given to you or your nominated person/carer/Pharmacy.
Please allow the allotted time before uplifting your prescription. Prescriptions can be collected/sent via the following methods:
- In person
- Via your nominated choice of person/organisation, this could be your carer, pharmacy, family member or friend (please be aware that if you are not uplifting your own prescription we may ask for proof of identification from that person before we issue your prescription, and we may also require a signature for our own records)
- Post – if using the postal service, please always allow extra time when ordering your medication, as we cannot guarantee postal delivery schedules
- Home delivery service – some Pharmacies may deliver your prescription directly to your home; please check with your local Pharmacist to see if they can provide this service for you.
Public health encompasses everything from national smoking and alcohol policies, the management of epidemics such as flu, the control of large scale infections such as TB and Hepatitis B to local outbreaks of food poisoning or Measles. Certain illnesses are also notifiable; the doctors treating the patient are required by law to inform the Public Health Authorities, for instance Scarlet Fever.
This will necessarily mean the subjects personal and health information being shared with the Public Health organisations.
Some of the relevant legislation includes: the Health Protection (Notification) Regulations 2010 (SI 2010/659), the Health Protection (Local Authority Powers) Regulations 2010 (SI 2010/657), the Health Protection (Part 2A Orders) Regulations 2010 (SI 2010/658), Public Health (Control of Disease) Act 1984, Public Health (Infectious Diseases) Regulations 1988 and The Health Service (Control of Patient Information) Regulations 2002.
Registering for NHS care
- All patients who receive NHS care are registered on a national database
- This database holds your name, address, date of birth and NHS Number but it does not hold information about the care you receive
- The database is held by NHS National Services Scotland, which has legal responsibilities to collect NHS data
- More information can be found at: NHS National Services Scotland
- How the NHS Scotland handles your personal health information
Risk prediction data tools are increasingly being used in the NHS to help determine a person’s risk of suffering a particular condition, preventing an unplanned or (re)admission and identifying a need for preventive information.
information about you is collected from a number of sources in NHS Scotland including this GP Practice. A risk score is then arrived at through an analysis of your identifiable information by ISD Scotland and is only provided back to your GP’s Data Controller in an identifiable form. Risk prediction enables your GP to focus on preventing ill health and not just the treatment of sickness. If necessary, your GP may be able to offer you additional services.
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, at the heart of what we do.
Our legal basis for processing For the General Data Protection Regulation (GDPR) purposes is: –
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 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…’
Scottish Primary Care information Resource (SPIRE)
NHS Scotland uses information from GP patient records to help plan and improve health and care services in Scotland. You have a choice about the information from your GP records being used in this way. You can opt out from this at any time by contacting the Practice. Further information about SPIRE.
Sending a message to our Practice Team
When you contact us, whether by telephone, through our website or by e-mail, we collect the data you have given to us in order to reply with the information you need. We record your request and our reply in order to increase the efficiency of our Practice. We keep personally identifiable information associated with your message, such as your name and email address so as to be able to track our communications with you to provide a high quality service.
Third Parties mentioned on your medical record
Sometimes we record information about third parties mentioned by you to us during any consultation. We are under an obligation to make sure we also protect that third party’s rights as an individual and to ensure that references to them which may breach their rights to confidentiality, are removed before we send any information to any other party including yourself. Third parties can include: spouses, partners, and other family members.
Video and Telephone Consultations
As an alternative to face to face appointments, there may be instances where we may offer you an appointment via telephone or video consultation. By accepting the invitation and entering the consultation you are consenting to this. Your personal/confidential patient information shared on the consultation will be safeguarded in the same way it would with any other consultation with relevant information added to your patient record.
Video or audio consultations/appointments are not typically recorded, but if are, your permission will be sought as to the purpose and use of the recording i.e.: for direct care purposes: diagnosis, treatment or care.
If, as part of the consultation, still images or photographs are taken/obtained and are to be kept, they will be securely stored as part of your patient record in line with current recommendations.
If the recording/images are to be used for any other reason than what the original permission was obtained for, then further permission would be required prior to that use.
If recordings or still images obtained are no longer needed (i.e.: adequately described in the clinical notes) then the recording/ images will be confidentially and securely destroyed as per our policies and in line with current recommendations.
The Law requires us to determine under which of six defined bases we process different categories of your personal information, and to notify you of the basis for each category. If a basis on which we process your personal information is no longer relevant then we shall immediately stop processing your data. If the basis changes then, if required by Law, we shall notify you of the change and of any new basis under which we have determined that we can continue to process your information.
Processing your information in this way and obtaining your consent ensures that we comply with Articles 6(1)(c), 6(1)(e) and 9(2)(h) of the GDPR.
Information we process because we have a contractual obligation with you
When you join our Practice, receive medical services from us, or otherwise agree to our terms and conditions, a contract is formed between you and us.
In order to carry out our obligations under that contract we must process the information you give us. Some of this information may be personal information.
We may use it in order to:
- verify your identity for security purposes
- provide you with our services
- provide you with suggestions and advice about how to obtain the most from using our website.
We process this information on the basis there is a contract between us, or that you have requested we use the information before we enter into a legal contract.
Additionally, we may aggregate this information in a general way and use it to provide class information, for example to monitor our performance with respect to a particular service we provide. If we use it for this purpose, you as an individual will not be personally identifiable.
We shall continue to process this information until the contract between us ends or is terminated by either party under the terms of the contract.
Why do we collect this information?
The NHS (Scotland) Act 1978 and the Health and Public Bodies (Joint Working) (Scotland) Act 2014 invests statutory functions on GP Practices to promote and provide health services in Scotland, 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, and medical research
- Manage the health and social care system and services.
About the personal information we use
We use personal information on different groups of individuals including:
- Complainants, enquirers
- Survey respondents
- Professional experts and consultants
- Individual captured by CCTV.
The personal information we use includes information that identifies you like your name, address, date of birth and postcode.We also use more sensitive types of personal information, including information about racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; genetic and biometric data, health; sex life or sexual orientation.The information we use can relate to personal and family details; education, training and employment details; financial details; lifestyle and social circumstances; goods and services; visual images; details held in the patient record; responses to surveys.
Information we process with your consent
Through certain actions when otherwise there is no contractual relationship between us, such as when you browse our website or ask us to provide you with more information about our business, including job opportunities and our services, you provide your consent to us to process information that may be personal information.
Sometimes you might give your consent implicitly, such as when you send us a message by e-mail to which you would reasonably expect us to reply.
Except where you have consented to our use of your information for a specific purpose, we do not use your information in any way that would identify you personally. We may aggregate it in a general way and use it to provide class information, for example to monitor the performance of a particular page on our website.
We continue to process your information on this basis until you withdraw your consent or it can be reasonably assumed that your consent no longer exists.
You may withdraw your consent at any time by instructing us in writing. However, if you do so, you may not be able to use our website or our services further.
Information we process for the purposes of legitimate interests
We may process information on the basis there is a legitimate interest, either to you or to us, of doing so.
Where we process your information on this basis, we do so after having given careful consideration to:
- whether the same objective could be achieved through other means
- whether processing (or not processing) might cause you harm
- whether you would expect us to process your data, and whether you would, consider it reasonable to do so.
For example, we may process your data on this basis for the purposes of:
- record-keeping for the proper and necessary administration of our business or profession
- responding to unsolicited communication from you to which we believe you would expect a response
- protecting and asserting the legal rights of any party
- insuring against or obtaining professional advice that is required to manage business or professional risk
- protecting your interests where we believe we have a duty to do so.
Information we process because we have a legal obligation
We are subject to the Law like everyone else. Sometimes, we must process your information in order to comply with a statutory obligation.For example, we may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
This may include your personal information.
Information we process may be categorised as special category data
Special category data is personal data which the GDPR says is more sensitive, and so needs more protection. For example information about an individuals:
- ethnic origin
- sex life or
- sexual orientation
Local information sharing
Your GP electronic patient record is held securely and confidentially on an electronic system managed by your registered GP practice. If you require attention from a local Healthcare Professional outside of your usual practice services, such as in an evening and weekend GP Out Of Hours Service, Emergency Department, Minor Injury Unit or Out Of Hours service, the professionals treating you are better able to give you safe and effective care if some of the information from your GP record is available to them.
Where available, this information can be shared electronically with other local Healthcare Providers via a secure system designed for this purpose. Depending on the service you are using and your health needs, this may involve the Healthcare Professional accessing a secure system that enables them to view parts of your GP electronic patient record, or a secure system that enables them to view your full GP electronic patient record (e.g. EMIS remote consulting system).
In all cases, your information is only accessed and used by authorised staff who are involved in providing or supporting your direct care. Your permission will be asked before the information is accessed, other than in exceptional circumstances (e.g. emergencies) if the Healthcare Professional is unable to ask you and this is deemed to be in your best interests (which will then be logged).
Who else may ask to access your information
- The Court can insist that we disclose medical records to them
- Solicitorsoften ask for medical reports. These will always be accompanied by your signed consent for us to disclose information. We will not normally release details about other people that are contained in your records (e.g. wife, children parents etc.) unless we also have their consent
- Social Services – The Benefits Agency and others may require medical reports on you from time to time. These will often be accompanied by your signed consent to disclose information. Failure to cooperate with these agencies can lead to loss of benefit or other support. However, if we have not received your signed consent we will not normally disclose information about you
- Insurance Companies frequently ask for medical reports on prospective clients. These are always accompanied by your signed Consent Form. We will only disclose the relevant medical information as per your consent. You have the right, should you request it, to see reports prepared for Insurance Companies or employers before they are sent. We may contact you on receipt of a third party request to discuss your consent and clarify what will be shared
- If you have any questions about the above points please contact the Practice
Anyone who receives information from us also has a legal duty to keep it confidential and secure.
Access to to your own information
- Confirmation that your personal information is being held or used by us
- Access to your personal information
- Additional information about how we use your personal information
Although we must provide this information free of charge, if your request is considered unfounded or excessive, or if you request the same information more than once, we may charge a reasonable fee.
If you would like to access your personal information, you can do this by submitting a written request to the Practice, or by completing the Subject Access Request as shown within the The Right of Access section below.
Once we have received your request and you have provided us with enough information for us to locate your personal information, we will respond to your request without delay, within one month (30 days). However If your request is complex we may take longer, by up to two months, to respond. If this is the case we will tell you and explain the reason for the delay.
The right of access
This right includes making you aware of what information we hold along with the opportunity to satisfy you that we are using your information fairly and legally.
You have the right to obtain:
- Confirmation that your personal information is being held or used by us
- Access to your personal information
- Additional information about how we use your personal information
Although we must provide this information free of charge, if your request is considered unfounded or excessive, or if you request the same information more than once, we may charge a reasonable fee.
If you would like to access your personal information, you can do this by contacting: The Practice Manager at the address shown at the top of this page.
Once we have all the information we need to process your request, which may include proof of your identity, we will respond to your request within 30 days. However, if your request is complex we may extend this timescale by up to two months. If we need to extend the timescale we will tell you and explain the reason for the delay
Subject access requests for children aged 12 and over
The law in Scotland states that all children aged 12 and over are deemed to have capacity to give consent to accessing their medical records, unless there is a medical reason that they do not have capacity.
By LAW, they are entitled to make the decision as to who can assess their records and what information is provided. The GP is also entitled to speak to a child of this age on their own, to ensure there is no pressure from either parent (however they can have a medical member of staff as a chaperone).
We cannot discuss any clinical information with parents of children aged 12 and over without their consent. Please note, for parents phoning up for advice regarding their children of this age, or to discuss medication, we will need consent from your child.
Please refer to our Subject Access Request section for further information.
Verification of your information
When we receive any request to access, edit or delete personal identifiable information we shall first take reasonable steps to verify your identity before granting you access or otherwise taking any action. This is important to safeguard your information.
Disclosure and sharing of your information
Information we obtain from third parties
We sometimes receive data that is indirectly made up from your personal information from third parties whose services we use. No such information is personally identifiable to you.
Information provided on the understanding that it will be shared with a third party
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 new 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. They should be supported by the policies of their employers, regulators and professional bodies.
Who are 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;
- Other NHS Hospitals
- Out of Hours Medical Services
- Independent Contractors such as Dentists, Opticians & Pharmacists
- Private Sector Providers
- Voluntary Sector Providers
- Ambulance Trusts
- NHS Scotland
- Social Care Services
- Health and Social Care information Centre (HSCIC)
- Local Authorities
- Education Services
- Fire and Rescue Services
- Police & Judicial Services
- Voluntary Sector Providers
- Private Sector Providers
- 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 explicit consent for this to happen.
What to do if you don’t want your information shared
Please tell us if you don’t want your information to be shared – either in some or all circumstances. We can make a note on your record that will ensure that your records can only be accessed by a health professional in the Practice (i.e. no administrative staff will be able to look at your records) or we can block your health data so that it can’t be accessed by other health service bodies e.g. Electronic Care Record.
Information submitted online
The practice website allows for the submission of some personal information for the purposes of updating your medical record e.g. new contact details. The service is provided by accredited suppliers, and all information submitted is covered by the same regulations as all other patient information.
Specific uses of information you provide to us
Healthcare Professionals who provide you with care maintain records about your health and any treatment or care you have received previously (e.g. NHS Trust, GP Surgery, Walk-in clinic, etc.). These records are used to help to provide you with the best possible healthcare.
NHS healthcare records may be electronic, on paper or a mixture of both, and we use a combination of working practices and technology to ensure that your information is kept confidential and secure. Records we hold about you may include the following information:
- Details about you, such as your name, address, carers, legal representatives and emergency contact details
- Any contact the Surgery has had with you, such as appointments, clinic visits, emergency appointments, etc
- 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 Healthcare Professionals, relatives or those who care for you.
To ensure you receive the best possible care, your records are used to facilitate the care you receive. information held about you may be used to help protect the health of the public and to help us manage the NHS. information may be used within the GP Practice for clinical audit to monitor the quality of the service provided. 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.
Transferring personal information abroad
It is sometimes necessary to transfer personal health information overseas, for example if you require urgent medical treatment abroad. In these situations the information may be transferred to countries or territories around the world. Any transfers made will be in full compliance with NHS Scotland Information Security Policy.
Use of information we collect through automated systems when you visit our website
Cookies are small text files that are placed on your computer’s hard drive by your web browser when you visit any website. They allow information gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience, and the website owner with statistics about how you use the website so that it can be improved.
Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely.
Your web browser should allow you to delete any cookies you choose. It also should allow you to prevent or limit their use.
- to track how you use our website
- to record whether you have seen specific messages we display on our website
- to keep you signed in our site
- to record your answers to Surveys and Questionnaires on our site while you complete them.
Personal identifiers from your browsing activity
Requests by your web browser to our servers for web pages and other content on our website are recorded.
We record information such as your geographical location, your Internet service provider and your IP address. We also record information about the software you are using to browse our website, such as the type of computer or device and the screen resolution.
We use this information in aggregate to assess the popularity of the webpages on our website and how we perform in providing content to you.
If combined with other information we know about you from previous visits, the data possibly could be used to identify you personally, even if you are not signed in to our website.
Use of our website by children
- If you are under 18, you may use our website only with consent from a parent or guardian
- We collect data about all users of and visitors to these areas regardless of age, and we anticipate that some of those users and visitors will be children
- Such child users and visitors will inevitably visit other parts of the site and will be subject to whatever on-site information they find, wherever they visit.
What are the Statutory Obligations regarding your healthcare information?
|What is shared||Who is it shared by||Who is it shared with||Why||When|
|All data on GP practice registration form (electronic)||General Medical Practices||Common Services Agency (NHS National Services Scotland)||Community Health Index and Accurate payment||All GPR forms from all General Medical Practices in Scotland|
|All data on prescription (electronic)||General Medical Practices||Common Services Agency (NHS National Services Scotland)||To support accurate dispensing of the prescription||All prescriptions|
|All data on GP practice registration form (electronic)||Common Services Agency (NHS National Services Scotland)||Common Services Agency (NHS National Services Scotland)||Prevention, Detection and investigation of Crime. NSS host NHS Scotland Counter Fraud Services||Only when a patient, GP or other worker in the GP practice has been identified as potentially committing fraud|
|Patient demographic data from the GP Practice registration form||Common Services Agency (NHS National Services Scotland)||Home Office||Prevention, Detection and investigation of Crime||Only data for specific patients who are subject to enquires by NHS Scotland healthcare providers or by the Home Office for proscribed offences, in respect of receipt of NHS Scotland treatment and services as an overseas visitor (non-EEA foreign national)|
|All data on GP practice registration form (electronic) as held on CHI||Common Services Agency (NHS National Services Scotland)||NHS Boards||Accurate payment, Clinical Governance, Public Health, Screening Services||All data relating to all patients registered with General Medical Practices in that NHS Board area|
|All data on GP practice registration form (electronic) as held on CHI||Common Services Agency (NHS National Services Scotland)||UK Regulatory Bodies such as the General Medical Council||Professional Regulation||Only data relating to specific patients registered by someone under investigation by a Regulatory Body|
|GP medical records (paper and electronic) for patients who are moving to another practice or have left the UK or have died.||General Medical Practices||Common Services Agency (NHS National Services Scotland)||To transfer to the next registered GP practice or to retain in secure storage||Whenever a patient leaves a GP practice or dies|
|GP temporary medical records (paper and electronic) for patients who have been seen by someone other than their registered GP practice||General Medical Practices||Common Services Agency (NHS National Services Scotland)||To transfer to the registered GP practice or to retain in secure storage||Whenever a patient is seen by a GP practice other than the one they are registered with|
|Patient demographic data and choice of organ donation||Common Services Agency (NHS National Services Scotland)||NHS Blood and Transplant||Maintenance of the UK organ donor register||Whenever a patient decides to provide organ donation information via the GP registration form|
|Patient demographic data from the GP Practice registration form||Common Services Agency (NHS National Services Scotland)||NHSCR/General Registers Office||Maintenance of NHSCR dataset||Demographic data for all patient is shared in order to keep the NHSCR dataset in line with CHI. The NHSCR dataset is used to identify which patients are in which NHS Boards, and which have left Scotland to other parts of the UK|
Compliance with the Law
However, ultimately it is your choice as to whether you wish to use our website.
We may update this Privacy Notice from time to time as necessary. The terms that apply to you are those posted here on our website on the day you use our website.