General Data Protection Regulation

Adult Privacy/ Fair Processing Notice

Security of information

Confidentiality affects everyone: Bradford Student Health Service collect’s, stores and uses large amounts of personal and sensitive personal data every day, such as medical records, personal records and computerised information. This data is used by many people in the course of their work.

We take our duty to protect personal information and confidentiality very seriously and we are committed to comply with all relevant legislation and to take all reasonable measures to ensure the confidentiality and security of personal data for which we are responsible, whether computerised or on paper.

At Practice management level, we have appointed a Senior Information Risk Owner who is accountable for the management of all information assets and any associated risks and incidents, and a Caldicott Guardian who is responsible for the management of patient information and patient confidentiality.

Legal basis for the processing of your data

The General Data Protection Regulation (GDPR) 2018 requires the Practice to process:

Sensitive personal data (Health Records) under 9(2)(h) – “Necessary for the reasons of preventative or occupational medicine, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services” and occasionally 9(2)(c) “when it is necessary to protect the vital interests of a person who is physically or legally incapable of giving consent”
Personal data under 6(1)(e) “Necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the Practice (Data Controller)” and occasionally 6(1)(d) “ when it is necessary to protect the vital interests of a person who is physically or legally incapable of giving consent”

Why do we collect information about you?

All clinicians and health and social care professionals caring for you keep records about your health and any treatment and care you receive from the NHS. These records help to ensure that you receive the best possible care. They may be paper or electronic and they may include:

Basic details about you such as name, address, email address, NHS number, date of birth, next of kin, etc.
Contact we have had with you such as appointments or clinic visits.
Notes and reports about your health, treatment and care – A&E visits, in patient spells or clinic appointments
Details of diagnosis and treatment given
Information about any allergies or health conditions.
Results of x-rays, scans and laboratory tests.
Relevant information from people who care for you and know you well such as health care professionals and relatives.

It is essential that your details are accurate and up to date. Always check that your personal details are correct when you visit us and please inform us of any changes to your contact detail as soon as possible. This reduces the risk of you not receiving important correspondence.

By providing the Practice with contact details, patients are agreeing to the Practice using those channels to communicate with them about their healthcare, i.e. by letter (postal address), by voice mail or voice message (telephone or mobile number), by text message (mobile number) or by email (email address).

How your personal information is used

In general your records are used to direct, manage and deliver the care you receive to ensure that:

The doctors, nurses and other health or social care professionals involved in your care have accurate and up to date information to assess your health and decide on the most appropriate care for you.
Health or social care professionals have the information they need to be able to assess and improve the quality and type of care you receive.
Your concerns can be properly investigated if a complaint is raised.
Appropriate information is available if you see another clinician, or are referred to a specialist or another part of the NHS or social care.

The Care Record

The Health Care Record is a shared system that allows Health or social care professionals to appropriately access the most up-to-date and accurate information about patients to deliver the best possible care.

The NHS Care Record Guarantee

The Care Record Guarantee is our commitment that we will use records about you in ways that respect your rights and promote your health and wellbeing. Copies of the full document can be obtained from Information governance for Summary Care Records (SCR) - NHS Digital

The Records Management Code of Practice

This Records Management Code of Practice for Health and Social Care 2016 is a guide for the NHS to use in relation to the practice of managing records. It is relevant to organisations who work within, or under contract to NHS organisations in England. This also includes public health functions in Local Authorities and Adult Social Care where there is joint care provided within the NHS.

The Code is based on current legal requirements and professional best practice. It will help organisations to implement the recommendations of the Mid Staffordshire NHS Foundation Practice Public Inquiry relating to records management and transparency. Click this link to find out more

How long health records are retained

All patient records are destroyed in accordance with the NHS Records Management Code of Practice retention schedules, which sets out the appropriate length of time each type of NHS records is retained.

The Practice does not keep patient records for longer than necessary and all records are destroyed confidentially once their retention period has been met, and the Practice has made the decision that the records are no longer required.

When do we share information about you?

We share information about you with others directly involved in your care; and also and also share more limited information for indirect care purposes, both of which are described below:

Everyone working within the NHS has a legal duty to keep information about you confidential. Similarly, anyone who receives information from us also has a legal duty to keep it confidential.

Direct Care Purposes

Other NHS Practices and hospitals that are involved in your care.
NHS Digital and other NHS bodies.
General Practitioners (GPs).
Ambulance Services.

You may be receiving care from other people as well as the NHS, for example Social Care Services. We may need to share some information about you with them so we can all work together for your benefit if they have a genuine need for it or we have your permission. Therefore, we may also share your information, subject to strict agreement about how it will be used, with:

Social Care Services.
Education Services.
Local Authorities.
Voluntary and private sector providers working with the NHS.

We will not disclose your information to any other third parties without your permission unless there are exceptional circumstances, such as if the health and safety of others is at risk or if the law requires us to pass on information.

Indirect Care Purposes:

We also use information we hold about you to:

Review the care we provide to ensure it is of the highest standard and quality
Ensure our services can meet patient needs in the future
Investigate patient queries, complaints and legal claims
Ensure the hospital receives payment for the care you receive
Prepare statistics regarding NHS performance
Audit NHS accounts and services
Undertake heath research and development (with your consent – you may choose whether or not to be involved)
Help train and educate healthcare professionals
Nationally there are strict controls on how your information is used for these purposes. These control whether your information has to be de-identified first and with whom we may share identifiable information. You can find out more about these purposes, which are also known as secondary uses, on the NHS England and NHS Digital’s websites:

When other people need information about you

Everyone working in Health and Social Care has a legal duty to keep information about you confidential and anyone who receives information from us is also under a legal duty to keep it confidential.

From time to time we may need to share information with other professionals and services concerned in your care. This may be for instance, when your healthcare professional needs to discuss your case with other professionals (who do not work for the Practice) in order to plan your care. We do this in order to provide the most appropriate treatment and support for you and your carers, or when the welfare of other people is involved. We will only share information in this way if we have your permission and it is considered necessary.

There may be other circumstances when we must share information with other agencies. In these rare circumstances we are not required to seek your consent.

Examples of this are:

If there is a concern that you are putting yourself at risk of serious harm
If there is a concern that you are putting another person at risk of serious harm
If there is a concern that you are putting a child at risk of harm
If we have been instructed to do so by a court
If the information is essential for the investigation of a serious crime
If you are subject to the Mental Health Act (1983), there are circumstances in which your ‘nearest relative’ must receive information even if you object
If your information falls within a category that needs to be notified for public health or other legal reasons, e.g. Certain infectious diseases

Other ways in which we use your information

Call recording

Telephone calls to the Practice are routinely recorded for the following purposes:

To make sure that staff act in compliance with Practice procedures.
To ensure quality control.
Training, monitoring and service improvement
To prevent crime, misuse and to protect staff

Primary Care Network

We are a member of a Primary Care Network (PCN). This means we will be working closely with a number of other Practices and health and care organisations to provide healthcare services to you.

During the course of our work we may share your information with these Practices and health care organisations/professionals. We will only share this information where it relates to your direct healthcare needs.

When we do this, we will always ensure that appropriate agreements are in place to protect your information and keep it safe and secure. This is also what the Law requires us to do.

If you would like to see the information the PCN holds about you please contact the Data Protection Officer at Bradford Student Health Service. See also your rights as a patient listed below

Data subjects rights

Under the Data Protection Act - 6th Principle:-

a right of access to a copy of their personal data;
a right to object to processing that is likely to cause or is causing damage or distress;
a right to object to decisions being taken by automated means;
a right in certain circumstances to have inaccurate personal data rectified, blocked, erased or destroyed; and
a right to claim compensation for damages caused by a breach of the Act

Under the General Data Protection Regulation (GDPR)

a right to confirmation that their personal data is being processed and access to a copy of that data which in most cases will be Free of Charge and will be available within 1 month (which can be extended to two months in some circumstances)
Who that data has or will be disclosed to;
The period of time the data will be stored for
a right in certain circumstances to have inaccurate personal data rectified, blocked, erased or destroyed;
Data Portability – data provided electronically in a commonly used format
The right to be forgotten and erasure of data does not apply to an individual’s health record or for public health purposes
The right to lodge a complaint with a supervising authority (see Raising a concern page 7)

Your right to object

You have the right to restrict how and with whom we share information in your records that identifies you. If you object to us sharing your information we will record this explicitly within your records so that all healthcare professionals and staff involved with your care are aware of your decision. If you choose not to allow us to share your information with other health or social care professionals involved with your care, it may make the provision of treatment or care more difficult or unavailable.

Please discuss any concerns with the clinician treating you so that you are aware of any potential impact. You can also change your mind at any time about a disclosure decision.

Refusing or withdrawing consent

The possible consequences of refusing consent will be fully explained to the patient at the time, and could include delays in receiving care.

In those instances where the legal basis for sharing of confidential personal information relies on the patient's explicit or implied consent, then the patient has the right at any time to refuse their consent to the information sharing, or to withdraw their consent previously given.

In instances where the legal basis for sharing information without consent relies on HRA CAG authorisation under Section 251 of the NHS Act 2006, then the patient has the right to register their objection to the disclosure, and the Practice is obliged to respect that objection.

In instances where the legal basis for sharing information relies on a statutory duty/power, then the patient cannot refuse or withdraw consent for the disclosure.

SMS text messaging

When attending the Practice for an appointment or a procedure you may be asked to confirm that the Practice has an accurate contact number and mobile telephone number for you. This can be used to provide appointment details via SMS text messages and automated calls to advise you of appointment times.

Surveillance Cameras (CCTV)

We employ surveillance cameras (CCTV) on and around our sites in order to:

protect staff, patients, visitors and Practice property
apprehend and prosecute offenders, and provide evidence to take criminal or civil court action
provide a deterrent effect and reduce unlawful activity
help provide a safer environment for our staff
assist in traffic management and car parking schemes
monitor operational and safety related incidents
help to provide improved services, for example by enabling staff to see patients and visitors requiring assistance
assist with the verification of claims

You have a right to make a Subject Access Request of surveillance information recorded of yourself and ask for a copy of it. Requests should be directed to the address below and you will need to provide further details as contained in the section ‘How you can access your records’. The details you provide must contain sufficient information to identify you and assist us in finding the images on our systems.

We reserve the right to withhold information where permissible by the General Data Protection Regulation (GDPR) 2018 and we will only retain surveillance data for a reasonable period or as long as is required by law. In certain circumstances (high profile investigations, serious or criminal incidents) we may need to disclose CCTV data for legal reasons. When this is done there is a requirement for the organisation that has received the images to adhere to the GDPR.

How the NHS and care services use your information

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

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

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

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

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

You have a choice about whether you want your confidential patient information to be used in this way. If you are happy with this use of information you do not need to do anything. If you do choose to opt out your confidential patient information will still be used to support your individual care.

To find out more or to register your choice to opt out, please visit Your NHS Data Matters. On this web page you will:

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

You can also find out more about how patient information is used here (which covers health and care research); and via this website (which covers how and why patient information is used, the safeguards and how decisions are made)

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

Data being used or shared for purposes beyond individual care does not include your data being shared with insurance companies or used for marketing purposes and data would only be used in this way with your specific agreement.

How you can access your records

The GDPR 2018 gives you a right to access the information we hold about you on our records. Requests must be made in writing to the Access to Health Records Department. The Practice will provide your information to you within one month (this can be extended dependent on the complexity of the request) from receipt of your application:

A completed application form, containing adequate supporting information (such as your full name, address, date of birth, NHS number, etc.) to enable us to verify your identity and locate your records.
Information will be provided free of charge except where requests are unfounded or excessive, in particular repeat requests then the Practice may either charge a reasonable fee or refuse to act on the request.

Telephone 01274 371380 or write to:

The Access to Records Department
Bradford Student Health Service
Laisteridge Lane
Bradford
BD5 0HR

Data controller

The Data Controller responsible for keeping your information confidential is:
Dr Raj Chander
Bradford Student Health Service
Laisteridge Lane
Bradford
BD5 0HR

Data Protection Officer Contact: Rachael.Nicholson@Bradford.nhs.uk

Raising a concern

Patients who have a concern about any aspect of their care or treatment at this Practice, or about the way their records have been managed, should contact the Patient Advice& Liaison Service (PALS).

If you have any concerns about how we handle your information you have a right to complain to the Information Commissioners Office about it.

The GDPR 2018 requires organisations to lodge a notification with the Information Commissioner to describe the purposes for which they process personal information.

These details are publicly available from:

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

Telephone: 08456 306060
Visit the website

Freedom of Information

The Freedom of information Act 2000 provides any person with the right to obtain information held by the Practice, subject to a number of exemptions. If you would like to request some information from us, please visit the Freedom of information section of our website.

Please note: if your request is for information we hold about you (for example, your health record), please instead see above, under "How You Can Access Your Records".

Data Privacy Notice For Patients Aged 13 and Over

A 'data privacy notice' is a statement created by an organisation, which explains how personal and confidential information about patients is collected, processed, used and shared. This may also be called a privacy statement, fair processing statement/notice or privacy policy. This data privacy notice is issued by BRADFORD STUDENT HEALTH SERVICE (referred to as 'the Practice' and 'we'/'us'/'our' from this point onwards).

Why we need your information and how it will be used by health staff for your healthcare
The health professionals who work with you to provide your care will keep records about the treatment and support you receive. Having this information available will help these professionals to work together and share vital information about your health and wellbeing needs.

Health and social care professionals will be able to use the information to assess your needs and work in partnership with you to decide the most suitable treatment or support. We also use your information to inform you of services, for example reminding you of an appointment. We do not use your information for marketing purposes.

Who will be controlling your information?

The Practice (we) will be controlling your data and healthcare information.
All of our partners are required to maintain the same standard as the Practice when processing your information.

Each of our partners has a legal duty to protect your personal information and act as data controller. We take your confidentiality very seriously. We are committed to make sure all personal and identifiable information is managed in accordance with the relevant legalisation to ensure your information is safe, secure and confidential.

The data we are sharing

It is important that the Practice has up to date and accurate information about you to make sure you receive the best quality care possible.
Your care record with the Practice contains key information such as:

Personal details – for example your name, address, date of birth and next of kin (such as your parents or guardian(s))
Names of the health and care professionals looking after you
Any medications you are taking
Any allergies you have
Any health concerns about you
Your previous referrals to various services
Dates and reasons for any occasions where you have been admitted to hospital
Appointments and emergency department attendances
Assessments
Care plans and care packages
Emergency contact details
Personal data from other sources associated with your care

Please be aware that our records may contain information about your parent(s) or guardian(s), if they are named as your next of kin.

What is the lawful basis for sharing your information?

In order for the Practice to process your information, we need what we call a 'lawful basis' to do so. There are a number of lawful bases that the Practice uses to process your data, depending on the information we need to collect.

In the majority of cases, the lawful basis will be for your care. Other bases may be a legal requirement, public task, or a mandatory obligation on the practice for the protection of individuals. We may also use consent.

How will your information be used and accessed?

Personal information contained in your health records will only be used with a lawful basis.
Only authorised individuals are allowed to access personal information.
The information within your health record is used to provide you with the most suitable care and support that you need. The information in your health record helps professionals make better decisions about your care in conjunction with you and ensure it is safe and effective.

How long do we keep your information?

Records are retained according to NHS guidance and any statutory or legal requirements for prescribed time spans.

Who will see and share your information?

The Practice releases your information to other authorised parties that it has a legal duty to share it with, those who you may have given consent to, those who need to know to continue your care and those who have a lawful basis.
Your information will only be shared with authorised parties who are providing you with direct care, or third parties authorised by the Practice (who do not have a lawful basis), only if you have first given your consent.

Where disclosure is necessary to safeguard you, or others, or is in the public interest
Where there is a legal duty to do so, for example a court order or prevention of crime.

Your data might be shared in exceptional circumstances with countries other than the UK, where it is required for continuation of care.

Your rights as a 'Data Subject'

Under the General Data Protection Regulation, you have certain rights:

These rights are:

Right to be informed – the Trust will inform you about the information we hold
Access to the information the Trust holds about you
Access to have the information corrected if it is incorrect (rectification)
Right to be forgotten (erasure) – to have all your information removed
Right to restrict processing
Data portability
Right to object to processing or remove consent
Rights in relation to automated processing

Some of these rights are dependent on the circumstances around which the information is held.

If at any point you believe the information we hold or process is incorrect, please contact the Data Protection Officer by emailing the details below.

If you wish to raise a concern or a complaint you can do so by contacting the care professional providing your care or treatment, or the organisation's Data Protection Officer.

If you are not satisfied with the response you receive or believe we are processing your personal data not in accordance with the law, you can make a complaint with the Information Commissioner's Office (ICO): https://ico.org.uk/

If you have a question regarding you or your data, please contact:

Rachael Nicholson – Data Protection Officer at Rachael.Nicholson@bradford.nhs.uk or call 07395796639