GDPR  - Sharing Information for Legal Requriements

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

The law requires Cambridge Medical Group to share information from your medical records in certain circumstances. Information is shared so that the NHS or Public Health England can, for example:

  • plan and manage services;
  • check that the care being provided is safe;
  • prevent infectious diseases from spreading. 

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

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

 NHS Digital

  • NHS Digital is a national body which has legal responsibilities to collect information about health and social care services.
  • It collects information from across the NHS in England and provides reports on how the NHS is performing. These reports help to plan and improve services to patients.
  • This practice must comply with the law and will send data to NHS Digital, for example, when it is told to do so by the Secretary of State for Health or NHS England under the Health and Social Care Act 2012.
  • More information about NHS Digital and how it uses information can be found at: https://digital.nhs.uk/home

Care Quality Commission (CQC)

  • The CQC regulates health and social care services to ensure that safe care is provided.
  • The law says that we must report certain serious events to the CQC, for example, when patient safety has been put at risk.
  • For more information about the CQC see: http://www.cqc.org.uk/

Public Health

  • The law requires us to share data for public health reasons, for example to prevent the spread of infectious diseases or other diseases which threaten the health of the population.
  • We will report the relevant information to local health protection team or Public Health England.
  • For more information about Public Health England and disease reporting see: https://www.gov.uk/guidance/notifiable-diseases-and-causative-organisms-how-toeport

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

How Cambridge Medical Group uses your information to provide you with healthcare

This practice keeps medical records confidential and complies with the General Data Protection Regulation (GDPR). We hold your medical record so that we can provide you with safe care and treatment.
We will also use your information so that this practice can check and review the quality of the care we provide. This helps us to improve our services to you.

  • We will share relevant information from your medical record with other health or social care staff or organisations when they provide you with care. For example, your GP will share information when they refer you to a specialist in a hospital. Or your GP will send details about your prescription to your chosen pharmacy.
  • For more information on how we share your information with organisations who are directly involved in your care can be found here: https://digital.nhs.uk/summary-care-records
  • Healthcare staff working in A&E and out of hours care will also have access to your information. For example, it is important that staff who are treating you in an emergency know if you have any allergic reactions. This will involve the use of your Summary Care Record.   For more information see:  https://digital.nhs.uk/summary-care-records or alternatively speak to your practice.
  • You have the right to object to information being shared for your own care. Please speak to the practice if you wish to object. You also have the right to have any mistakes or errors corrected.

Other important information about how your information is used to provide you with healthcare

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 Digital, a national organisation which has legal responsibilities to collect NHS data.  More information can be found at: https://digital.nhs.uk  or by calling NHS Digital on 0300 303 5678                   

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.
  • More information can be obtained by speaking to the practice.

Safeguarding

  • Sometimes we need to share information so that other people, including healthcare staff, children or others with safeguarding needs, are protected from risk of harm.
  • These circumstances are rare.
  • We do not need your consent or agreement to do this.
  • Please see our local policies for more information: Tees Local Safeguarding Children’s Board www.teescpp.org.uk  Teeswide Safeguarding Adults Board https://www.tsab.org.uk

We are required by law to provide you with the following information about how we handle your information and our legal obligations to share data.

Data Controller contact details

Cambridge Medical Group, 10a Cambridge Road, Linthorpe, Middlesbrough TS5 5 NN

Data Protection Officer contact details

Liane Cotterill

Senior Governance Manager & Data Protection Officer

North East Commissioning Support Unit, Teesdale House, Westpoint Road, Thornaby, Stockton on Tees TS17 6BL

Tel 01642 745042 or 07796278381

Email: liane.cotterill@nhs.net

Purpose of the processing

Compliance with legal obligations or court order.

Lawful basis for processing

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

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

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

Recipient or categories of recipients of the processed data

  • The data will be shared with NHS Digital.
  • The data will be shared with the Care Quality Commission.
  • The data will be shared with our local health protection team or Public Health England.
  • The data will be shared with the court if ordered.

Rights to object and the national data opt-out

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

NHS Digital

  • You have the right to object to information being shared with NHS Digital for reasons other than your own direct care.
  • This is called a ‘Type 1’ objection – you can ask your practice to apply this code to your record.
  • Please note: The ‘Type 1’ objection, however, will no longer be available after 2020.
  • This means you will not be able to object to your data being shared with NHS Digital when it is legally required under the Health and Social Care Act 2012.

Public health

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

Care Quality Commission

  • Legally information must be shared when the Care Quality Commission needs it for their regulatory functions. This means that you are unable to object.

Court order

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

Right to access and correct

  • You have the right to access your medical record and have any errors or mistakes corrected. Please speak to a member of staff or look at our ‘subject access request’ policy on the practice website – https://www.cambridgemedicalgroup.co.uk 
  • We are not aware of any circumstances in which you will have the right to delete correct information from your medical record; although you are free to obtain your own legal advice if you believe there is no lawful purpose for which we hold the information and contact us if you hold a different view.

Retention period

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

Right to complain

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