WINDSOR UPPER LIMB PRIVACY NOTICE
Summary
Introduction
This Privacy Notice sets out details of the information that I, as a clinician responsible for your treatment (and including my medical secretaries), may collect from you and how that information may be used. Please take your time to read this Privacy Notice carefully.
In this Privacy Notice I use "I" or "mine" or "my" to refer to me as the clinician who is using your personal information.
If you have any queries, comments or concerns relating to how I have used, or potentially will use, your personal information then you should contact me directly and I would be happy to discuss this further. Please ask for me to contact you via my secretary.
I am a Data Controller because I have to hold personal information about you. This will mainly relate to your medical treatment, but will also include other information such as financial data in relation to billing. I must comply with the data protection legislation and relevant guidance when handling your personal information. The same applies for my secretary in her administrative role in my practice. Your personal data may include any images taken in relation to your treatment - these must be managed in accordance with both the law and also all applicable professional standards including guidance from the General Medical Council and British Medical Association.
I will provide your treatment from an independent hospital (including Spire Thames Valley Hospital, BMI The Princess Margaret Hospital, BMI Bishops Wood Hospital and The Parkside Suite, Wexham Park Hospital). In due course, it may be necessary for these hospitals to process your personal data. If I have to share your information with these hospitals I will do so in accordance with the law, the principles of this Privacy Notice and to the extent that it is necessary to do so. This could be where the independent hospital provider needs to arrange other healthcare services as part of your treatment, such as nursing advice, or support other aspects of the treatment that I provide to you. In that case, the independent hospital will become a joint Data Controller in respect of your personal information and you will be provided with a copy of their Privacy Notice, which sets out how they will manage your information.
Your personal information will be handled in accordance with the principles set out within this Privacy Notice. This means that whenever I use your personal data, I will only do so as set out in this Privacy Notice. I employ a secure (GDPR compliant) cloud-based patient database. I will therefore process your personal information off site from the hospital at which you are treated, as will my medical secretary.
Because you are seeing me for medical advice and treatment, I will need to keep “special categories of personal information” (previously known as "sensitive personal data") about you. Please refer to the list on the next page.
If you provide personal information to me about other individuals (including medical or financial information) you should inform those individuals about the contents of this Privacy Notice. I will also process such information in accordance with this Privacy Notice.
In addition, you should note that in the event you amend data which I already hold about you (for instance by amending a pre-populated form) then I will update our systems to reflect the amendments once I am aware of the change. Our systems may however continue to store historical data.
Personal information
As one of my patients, the personal information I hold about you may include the following:
I may communicate with you in a range of ways, including by telephone, SMS, email, and / or post. If I contact you using the telephone number(s) which you have provided (landline and/or mobile), and you are not available which results in the call being directed to a voicemail and/or answering service, I may leave a voice message on your voicemail and/or answering service as appropriate, and including only sufficient basic details to enable you to identify who the call is from, very limited detail as to the reason for the call and how to call me back.
However:
Please note that although providing your mobile number and email address and stating a preference to be communicated by a particular method will be taken as an affirmative confirmation that you are happy for us to contact you in that manner, I am not relying on your consent to process your personal data in order to correspond with you about your treatment. As set out further below, processing your personal data for those purposes is justified on the basis that it is necessary to provide you with healthcare service.
I may 'process' your information for a number of different purposes, which is essentially the language used by the law to mean using your data. Each time I use your data I must have a legal justification to do so. The particular justification will depend on the purpose of the proposed use of your data. When the information that we process is classed as a “special category of personal information”, I must have a specific additional legal justification in order to use it as proposed.
Generally I will rely on the following legal justifications, or 'grounds':
Note that failure to provide your information further to a contractual requirement with me may mean that I am unable to set you up as a patient or facilitate the provision of your healthcare.
I provide further detail on these grounds in the sections below.
I may disclose your information to the third parties listed below for the purposes described in this Privacy Notice. This might include:
As one of my patients, I will hold information relating to your medical treatment – this is known as a special category of personal data under the law, meaning that it must be handled even more sensitively. This may include the following:
The confidentiality of your medical information is important to me, and I make every effort to prevent unauthorised access to and use of information relating to your current or former physical and mental health (or indeed any of your personal information more generally). In doing so, I will comply with UK data protection law, including the Data Protection Act 2018 and all applicable medical confidentiality guidelines issued by professional bodies including, but not limited to, the General Medical Council.
From 25 May 2018, the Data Protection Act 1998 will be replaced by the EU General Data Protection Regulation (GDPR) and a new Data Protection Act 2018. All uses of your information will comply with the GDPR and the new Data Protection Act.
I may collect personal information from a number of different sources including, but not limited to:
Information may be collected directly from you when:
My patients will often have received healthcare from other organisations, and so in order to provide you with the best treatment possible, I may have to collect personal information about you from them. These data may include:
Medical records include information about your diagnosis, clinic and hospital visits and medicines administered.
As detailed in the previous section, it is often necessary to seek information from other healthcare organisations. I may also collect information about you from third parties when:
One legal ground for processing personal data is where I do so in pursuit of legitimate interests and those interests are not overridden by your privacy rights. Where I refer to use for my appropriate business needs, I am relying on this legal ground.
You have a range of rights in respect of your personal data, as set out in in this privacy notice]. This includes the right to object to me using your personal information in a particular way (such as sharing that information with third parties), and I must stop using it in that way unless specific exceptions apply. This includes, for example, if it is necessary to defend a legal claim brought against me, or it is otherwise necessary for the purposes of your ongoing treatment.
You will find details of my legal grounds for each of our processing purposes below. I have set out individually those purposes for which I will use your personal information, and under each one I set out the legal justifications, or grounds, which allow me to do so. You will note that I have set out a legal ground, as well as an 'additional' legal ground for special categories of personal information. This is because I have to demonstrate additional legal grounds where using information which relates to a person's healthcare, as I will be the majority of the times I use your personal information.
Purpose 1: To set you up as my patient, including carrying out fraud, credit, anti-money laundering and other regulatory checks
As is common with most business, I have to carry out necessary checks in order for you to become a patient. These include standard background checks, which I cannot perform without using your personal information.
Legal ground: Taking the necessary steps so that you can enter into a contract with me for the delivery of healthcare.
Additional legal ground for special categories of personal information: The use is necessary for reasons of substantial public interest, and it is also in my legitimate interests to do so.
Purpose 2: To provide you with healthcare and related services
Clearly, the reason you come to me is for me to provide you with healthcare, and so I have to use your personal information for that purpose.
Legal grounds:
Providing you with healthcare and related services
Fulfilling my contract with you for the delivery of healthcare
Additional legal grounds for special categories of personal information:
I need to use the data in order to provide healthcare services to you
The use is necessary to protect your vital interests where you are physically or legally incapable of giving consent
Purpose 3: For account settlement purposes
I will use your personal information in order to ensure that your account and billing is accurate and up-to-date
My providing you healthcare and other related services
My having an appropriate business need to use your information which does not overly prejudice you
Your consent
The use is necessary in order for me to establish, exercise or defend my legal rights
Purpose 4: For medical audit/research purposes
Clinical audit
I may process your personal data for the purposes of local clinical audit – i.e. an audit carried out by myself or my direct team for the purposes of assessing outcomes for patients and identifying improvements which could be made for the future. I am able to do so on the basis of my legitimate interest and the public interest in statistical and scientific research, and with appropriate safeguards in place. You are, however, entitled to object to my using your personal data for this purpose, and as a result of which I would need to stop doing so. If you would like to raise such an objection then please contact me.
I may also be asked to share information with U.K. registries for which ethical approval is not necessarily required but which form part of the National Clinical Audit programme, hosted by NHS England and who provide a list of National Clinical Audit and Clinical Outcome Review programmes and other quality improvement programmes which we should prioritise for participation. I may do so without your consent provided that the particular audit registry has received statutory approval, or where the information will be provided in a purely anonymous form, otherwise your consent will be needed and either I will seek this from you or the registry themselves will do so. The registry with which I regularly share data is the National Joint Registry - this is a database used to monitor the performance of joint replacements carried out in the UK.
Medical research
I may also be asked to participate in medical research and share data with ethically approved third party research organisations.
I will share your personal data only to the extent that it is necessary to do so in assisting research and as permitted by law. Some research projects will have received statutory approval such that consent may not be required in order to use your personal data. In those circumstances, your personal will be shared on the basis that:
I have a legitimate interest in helping with medical research and have put appropriate safeguards in place to protect your privacy
The processing is necessary in the public interest for statistical and scientific research purposes
In the event that consent is required then either I will seek this from you, or the research agency will do so.
Purpose 5: Communicating with you and resolving any queries or complaints that you might have.
From time to time, patients may raise queries, or even complaints, with me and [Spire/BMI or other independent provider] and I take those communications very seriously. It is important that I am able to resolve such matters fully and properly and so I, as well as [Spire/BMI or other independent provider] will need to use your personal information in order to do so.
Providing you with healthcare and other related services
Having an appropriate business need to use your information which does not overly prejudice you
The use is necessary for the provision of healthcare or treatment pursuant to a contract with a health professional
Purpose 6: Communicating with any other individual that you ask us to update about your care and updating other healthcare professionals about your care.
In addition, other healthcare professionals or organisations may need to know about your treatment in order for them to provide you with safe and effective care, and so I may need to share your personal information with them. Further details on the third parties who may need access to your information is set out below (Section 8).
I have a legitimate interest in ensuring that other healthcare professionals who are routinely involved in your care have a full picture of your treatment
Additional legal ground for special categories of personal information:
The use is necessary for reasons of substantial public interest under UK law
I also participate in initiatives to monitor safety and quality, helping to ensure that patients are getting the best possible outcomes from their treatment and care. The Competition and Markets Authority Private Healthcare Market Investigation Order 2014 established the Private Healthcare Information Network (“PHIN”), as an organisation who will monitor outcomes of patients who receive private treatment. Under Article 21 of that Order, I am required to provide PHIN with information related to your treatment, including your NHS Number in England and Wales, CHI Number in Scotland or Health and Care Number in Northern Ireland), the nature of your procedure, whether there were any complications such as infection or the need for readmission/admission to a NHS facility and also the feedback you provided as part of any PROMs surveys. PHIN will use your information in order to share it with the NHS, and track whether you have received any follow-up treatment. I will only share this information with PHIN if you have provided your consent for me to do so.
The records that I share may contain personal and medical information about patients, including you. PHIN, like me, will apply the highest standards of confidentiality to personal information in accordance with data protection laws and the duty of confidentiality. Any information that is published by PHIN will always be in anonymised statistical form and will not be shared or analysed for any purpose other than those stated. Further information about how PHIN uses information, including its Privacy Notice, is available at www.phin.org.uk.
Purpose 7: Complying with our legal or regulatory obligations, and defending or exercising our legal rights
As a provider of healthcare, I am subject to a wide range of legal and regulatory responsibilities which is not possible to list fully here. I may be required by law or by regulators to provide personal information, and in which case I will have a legal responsibility to do so. From time to time, clinicians are unfortunately also the subject of legal actions or complaints. In order to fully investigate and respond to those actions, it is necessary to access your personal information (although only to the extent that it is necessary and relevant to the subject-matter).
The use is necessary in order for us to comply with our legal obligations
I need to use the data in order for others to provide informed healthcare services to you
The use is necessary for reasons of the provision of health or social care or treatment or the management of health or social care systems
The use is necessary for establishing, exercising or defending legal claims
I am also required to conduct audits of health records, including medical information, for quality assurance purposes. Your personal and medical information will be treated in accordance with guidance issued by the Care Quality Commission (England), Health Inspectorate Wales and Healthcare Improvement Scotland
Purpose 8: Managing my business operations such as maintaining accounting records, analysis of financial results, internal audit requirements, receiving professional advice (e.g. tax or legal advice)
In order to do this, I will not need to use your special categories of personal information and so I have not identified the additional ground to use your information for this purpose.
Purpose 9: Provide marketing information to you (including information about other products and services offered by selected third-party partners) in accordance with preferences you have expressed.
As a provider of private healthcare services, I need to carry out marketing but I am mindful of your rights and expectations in that regard. As a result, I will only provide you with marketing which is relevant to my business and only where you have specifically confirmed your consent for me to do so.
You have provided your consent
I do not routinely engage in direct marketing activities with my patients. If this changes I shall change the privacy notice to reflect this
Automated Decision Making
An automated decision is a decision made by computer without any human input. There will be no automated decision-making in relation to your treatment or other decisions which will produce legal or similarly significant effects.
How long do I keep personal information for?
International data transfers
I (or third parties acting on my behalf) do not routinely store or process information that we collect about you in countries outside the European Economic Area ("EEA"). Were I to make a transfer of your personal information outside of the EEA I would take the required steps to ensure that your personal information is protected.
Please note that, in future, it may be necessary to transfer such data for other purposes. In the event that it is necessary to do so, we will update this Privacy Notice.
Under data protection law you have certain rights in relation to the personal information that I hold about you. These include rights to know what information I hold about you and how it is used. You may exercise these rights at any time by contacting me using the details provided at section 3 above.
There will not usually be a charge for handling a request to exercise your rights.
If I cannot comply with your request to exercise your rights we will usually tell you why.
There are some special rules about how these rights apply to health information as set out in legislation including the Data Protection Act (current and future), the General Data Protection Regulation as well as any secondary legislation which regulates the use of personal information.
If you make a large number of requests or it is clear that it is not reasonable for me to comply with a request then we do not have to respond. Alternatively, I can charge for responding.
The right to access your personal information
You are usually entitled to a copy of the personal information I hold about you and details about how I use it.
Your information will usually be provided to you in writing, unless otherwise requested. If you have made the request electronically (e.g. by email) the information will be provided to you by electronic means where possible.
Please note that in some cases I may not be able to fully comply with your request, for example if your request involves the personal data of another person and it would not be fair to that person to provide it to you.
You are entitled to the following under data protection law.
Under Article 15(1) of the GDPR I must usually confirm whether I have personal information about you. If I do hold personal information about you I usually need to explain to you:
I also need to provide you with a copy of your personal data, provided specific exceptions and exemptions do not apply.
The right to rectification
I take reasonable steps to ensure that the information I hold about you is accurate and complete. However, if you do not believe this is the case, you can ask me to update or amend it.
The right to erasure (also known as the right to be forgotten)
I may update this Privacy Notice from time to time to ensure that it remains accurate, and the most up-to-date version can always be found at www.windsorupperlimb.com. In the event that there are any material changes to the manner in which your personal information is to be used then I will provide you with an updated copy of this Privacy Notice.
In some circumstances, you have the right to request that I delete the personal information I hold about you. However, there are exceptions to this right and in certain circumstances I can refuse to delete the information in question. In particular, for example, I do not have to comply with your request if it is necessary to keep your information in order to perform tasks which are in the public interest, including public health, or for the purposes of establishing, exercising or defending legal claims.
The right to restriction of processing
In some circumstances, I must "pause" our use of your personal data if you ask me to do so, although I do not have to comply with all requests to restrict my use of your personal information. In particular, for example, I do not have to comply with your request if it is necessary to keep your information in order to perform tasks which are in the public interest, including public health, or for the purposes of establishing, exercise or defending legal claims.
The right to data portability
In some circumstances, I must transfer personal information that you have provided to you or (if this is technically feasible) another individual/ organisation of your choice. The information must be transferred in an electronic format.
The right to object to marketing
You can ask me to stop sending you marketing messages at any time and I must comply with your request. You can do this by contacting me.
The right to withdraw consent
In some cases I may need your consent in order for my use of your personal information to comply with data protection legislation. Where we do this, you have the right to withdraw your consent to further use of your personal information. You can do this by contacting me using the details provided at section 3 above.
The right to complain to the Information Commissioner's Office
You can complain to the Information Commissioner's Office if you are unhappy with the way that I have dealt with a request from you to exercise any of these rights, or if you think I have not complied with our legal obligations.
More information can be found on the Information Commissioner’s Office website: https://ico.org.uk/
Making a complaint will not affect any other legal rights or remedies that you have.
National Data Opt-Out Programme
NHS Digital is currently developing a national programme which will go live on 25 May 2018, pursuant to which all patients will be able to log their preferences as to sharing of their personal information. All health and care organisations will be required to uphold patient choices, but only from March 2020. In the meantime you should make me aware directly of any uses of your data to which you object.
Updates to this Privacy Notice
I may update this Privacy Notice from time to time to ensure that it remains accurate. In the event that these changes result in any material difference to the manner in which I process your personal data then I will provide you with an updated copy of the Policy.
This Privacy Notice was last updated on 15-May-18.