Privacy Notice

Your information, what you need to know

This privacy notice explains why we collect information about you, how that information will be used, how we keep it safe and confidential and what your rights are in relation to this.

Why we collect information about you

Health care professionals who provide you with care are required by law to maintain records about your health and any treatment or care you have received.  These records help to provide you with the best possible healthcare and help us to protect your safety.

We collect and hold data for the purpose of providing healthcare services to our patients and running our organisation which includes monitoring the quality of care that we provide. In carrying out this role we will collect information about you which helps us respond to your queries or secure specialist services. We will keep your information in written form and/or in digital form.

Our commitment to data privacy and confidentiality issues

As a GP practice, all of our GPs, staff and associated practitioners are committed to protecting your privacy and will only process data in accordance with the Data Protection Legislation.  This includes the General Data Protection Regulation (EU) 2016/679  (GDPR) now known as the UK GDPR, the Data Protection Act (DPA) 2018, the Law Enforcement Directive (Directive (EU) 2016/680) (LED) and any applicable national Laws implementing them as amended from time to time.  The legislation requires us to process personal data only if there is a legitimate basis for doing so and that any processing must be fair and lawful.

In addition, consideration will also be given to all applicable Law concerning privacy, confidentiality, the processing and sharing of personal data including the Human Rights Act 1998, the Health and Social Care Act 2012 as amended by the Health and Social Care (Safety and Quality) Act 2015, the common law duty of confidentiality and the Privacy and Electronic Communications (EC Directive) Regulations. 

Data we collect about you

Records which this GP Practice will hold or share about you will include the following:

Personal data

Means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. 

Special categories of personal data

This term describes personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.  

Confidential patient information

this term describes information or data relating to their health and other matters disclosed to another (e.g. patient to clinician) in circumstances where it is reasonable to expect that the information will be held in confidence.  Including both information ‘given in confidence’ and ‘that which is owed a duty of confidence’. As described in the Confidentiality: NHS code of Practice: Department of Health guidance on confidentiality 2003.

Pseudonymised

The process of distinguishing individuals in a dataset by using a unique identifier which does not reveal their ‘real world’ identity.

Anonymised

Data in a form that does not identify individuals and where identification through its combination with other data is not likely to take place

Aggregated

Statistical data about several individuals that has been combined to show general trends or values without identifying individuals within the data.

How we use your information 

Improvements in information technology are also making it possible for us to share data with other healthcare organisations for the purpose of providing you, your family and your community with better care.  For example it is possible for healthcare professionals in other services to access your record with or without your permission when the practice is closed.  Where your record is accessed without your permission it is necessary for them to have a legitimate basis in law. This is explained further in the Local Information Sharing at Appendix A.

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 by the service
• research into the development of new treatments and care pathways
• preventing illness and diseases
• monitoring safety
• planning services
• risk stratification
• population health management 

Safeguarding of children or vulnerable adults

If we have significant concerns or hear about an individual child or vulnerable adult being at risk of harm, we may share relevant information with other organisations, such as local authorities and the Police, involved in ensuring their safety.

Statutory disclosures

Sometimes we are duty bound by laws to disclose information to organisations such as the Care Quality Commission, the Driver and Vehicle Licencing Agency, the General Medical Council, Her Majesty’s Revenue and Customs and Counter Fraud services.  In these circumstances we will always try to inform you before we are required to disclose and we only disclose the minimum information that the law requires us to do so

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 or with consent. 

Pseudonymised or anonymised data is generally used for research and planning so that you cannot be identified.

A full list of details including the legal basis, any Data Processor involvement and the purposes for processing information can be found in Appendix A.

How long do we hold information for?

All records held by the Practice will be kept for the duration specified by national guidance from NHS Digital, Health and Social Care Records Code of Practice. Once information that we hold has been identified for destruction it will be disposed of in the most appropriate way for the type of information it is.  Personal confidential and commercially confidential information will be disposed of by approved and secure confidential waste procedures. We keep a record of retention schedules within our information asset registers, in line with the Records Management Code of Practice for Health and Social Care 2021.

Individuals rights under UK GDPR

Under UK GDPR 2016 the Law provides the following rights for individuals.  The NHS upholds these rights in a number of ways.

1. The right to be informed
2. The right of access
3. The right to rectification
4. The right to erasure (not an absolute right) only applies in certain circumstances
5. The right to restrict processing
6. The right to data portability
7. The right to object
8. Rights in relation to automated decision making and profiling.

Your right to opt out of data sharing and processing

The NHS Constitution states ‘You have a right to request that your personal and confidential information is not used beyond your own care and treatment and to have your objections considered’. 

Type 1 Opt Out

This is an objection that prevents an individual's personal confidential information from being shared outside of their general practice except when it is being used for the purposes of their individual direct care, or in particular circumstances required by law, such as a public health screening, or an emergency like an outbreak of a pandemic disease. If patients wish to apply a Type 1 Opt Out to their record they should make their wishes know to the practice manager.

National data opt-out (NDOO)

The national data opt-out was introduced on 25 May 2018, enabling patients to opt-out from the use of their data for research or planning purposes, in line with the recommendations of the National Data Guardian in her Review of Data Security, Consent and Opt-Outs. 

The national data opt-out replaces the previous ‘type 2’ opt-out, which required NHS Digital not to use a patient’s confidential patient information for purposes beyond their individual care, for Planning or Research. Any patient that had a type 2 opt-out recorded on or before 11 October 2018 has had it automatically converted to a national data opt-out. Those aged 13 or over were sent a letter giving them more information and a leaflet explaining the national data opt-out. For more information go to National data opt out programme 

To find out more or to register your choice to opt out, please visit the NHS website

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

Right of access to your information (subject access request)

Under Data Protection Legislation everybody has the right of access to, or request a copy of, information we hold that can identify them, this includes medical records. There are some safeguards regarding what patients will have access to and they may find information has been redacted or removed for the following reasons;

• It may be deemed to risk causing harm to the patient or others
• The information within the record may relate to third parties who are entitled to their confidentiality, or who have not given their permission for the information to be shared.

Patients do not need to give a reason to see their data. And requests can be made verbally or in writing.  Although we may ask them to complete a form in order that we can ensure that they have the correct information required.

Where multiple copies of the same information is requested the surgery may charge a reasonable fee for the additional copies. 

Patients will need to provide proof of identity to receive this information. We will not share information relating to you with other individuals without your explicit instruction or without sight of a legal document.

Patients may also request to have online access to their data, they may do this via the NHS app, or via the practices system. If you would like to access your GP record online visit our subject access request policy page

Further information about the service can be found at the privacy notices for the NHS App managed by NHS England.

Change of details

It is important that you tell the surgery if any of your contact details such as your name or address have changed, or if any of your other contacts details are incorrect including third party emergency contact details.  It is important that we are made aware of any changes immediately in order that no information is shared in error. 

Mobile telephone number

If you provide us with your mobile phone number, we will use this to send you text reminders about your appointments or other health related information.  It is within our legal duty as a public authority to keep our patients updated with important information. 

We also use the NHS Account Messaging Service provided by NHS England to send you messages relating to your health and care. You need to be an NHS App user to receive these messages. Further information about the service can be found at the privacy notice for the NHS app managed by NHS England.

Email address

Where you have provided us with your email address, we will use this to send you information relating to your health and the services we provide.  If you do not wish to receive communications by email please let us know.

Notification

Data Protection Legislation requires organisations to register a notification with the Information Commissioner to describe the purposes for which they process personal and sensitive information.

We are registered as a Data Controller and our registration can be viewed online in the public register 

Any changes to this notice will be published on our website and in a prominent area at the practice. 

Data protection officer

Should you have any data protection questions or concerns, please contact our Data Protection Officer via the surgery.

What is the right to know?

The Freedom of Information Act 2000 (FOIA) gives people a general right of access to information held by or on behalf of public authorities, promoting a culture of openness and accountability across the public sector.  You can request any non-personal information that the GP Practice holds, that does not fall under an exemption.  You may not ask for information that is covered by the Data Protection Legislation under FOIA.  However you can request this under a right of access request – see section above ‘Access to your information’.  

Right to complain

If you have concerns or are unhappy about any of our services, please contact the Practice Manager. Or via the ICO details listed below.

For independent advice about data protection, privacy and data-sharing issues, you can contact: 

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

• Phone: 0303 123 1113
• Visit the ICO website

The NHS constitution 

The NHS Constitution establishes the principles and values of the NHS in England. It sets out the rights patients, the public and staff are entitled to.  These rights cover how patients access health services, the quality of care you’ll receive, the treatments and programs available to you, confidentiality, information and your right to complain if things go wrong. 

Appendix A

The practice will share patient information with these organisations where there is a legal basis to do so.

Commissioning and contractual purposes planning quality and performance

Purpose

Anonymous data is used by the Integrated Care Board (ICB) for planning, performance and commissioning purposes, as directed in the practices contract, to provide services as a public authority.

Legal basis

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

Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’

Patients may opt out of having their personal confidential data used for Planning or research. Please contact your surgery to apply a Type 1 Opt out or logon to the NHS website to apply a National Data Opt Out

Processor

NHS Sussex ICB

Summary care record including additional information

Purpose

The NHS in England uses a national electronic record called the Summary Care Record (SCR) to support patient care. It contains key information from your GP record. Your SCR provides authorised healthcare staff with faster, secure access to essential information about you in an emergency or when you need unplanned care, where such information would otherwise be unavailable.

Legal basis

Direct Care under UK GDPR :

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine 

Patients have the right to opt out of having their information shared with the SCR by completion of the form which can be downloaded via the NHS England website and returned to the practice. Please note that by opting out of having your information shared with the Summary Care Record could result in a delay to care that may be required in an emergency. 

Processor

NHS England 

Research

Purpose

We may share anonymous or pseudonymised patient information with research companies for the purpose of exploring new ways of providing healthcare and treatment for patients with certain conditions. This data will not be used for any other purpose.  

Where personal confidential data is shared your consent will be required. Where you have opted out of having your identifiable information shared for this Planning or Research your information will not be shared.

Legal basis 

• Articles 6(1)(a) and 9(1)(a) – explicit consent; or
• Article 6(1)(c) (where we are legally obligated to share your personal data) for your standard personal data and Article 9(2)(j) (scientific research) for your health data.

Where identifiable data is required for research, patient consent will be needed, unless there is a legitimate reason under law to do so or there is support under the Health Service (Control of Patient Information Regulations) 2002 (‘section 251 support’) applying via the Confidentiality Advisory Group in England and Wales 

Sharing of aggregated non identifiable data is permitted.

Processor

CRN Kent, Surrey and Sussex. National Institute for Health Research (NIHR)

Research (National)

Purpose

We may share anonymous or pseudonymised patient information with research companies for the purpose of exploring new ways of providing healthcare and treatment for patients with certain conditions. This data will not be used for any other purpose.  

Where personal confidential data is shared your consent will be required. Where you have opted out of having your identifiable information shared for this Planning or Research your information will not be shared.

Legal basis 

• Articles 6(1)(a) and 9(1)(a) – explicit consent; or
• Article 6(1)(c) (where we are legally obligated to share your personal data) for your standard personal data and Article 9(2)(j) (scientific research) for your health data.

NHS England has been directed by the government to establish and operate the OpenSAFELY COVID-19 Service and the OpenSAFELY Data Analytics Service. These services provide a secure environment that supports research, clinical audit, service evaluation and health surveillance for COVID-19 and other purposes.

Each GP practice remains the controller of its own GP patient data but is required to let approved users run queries on pseudonymised patient data. This means identifiers are removed and replaced with a pseudonym.

Only approved users are allowed to run these queries, and they will not be able to access information that directly or indirectly identifies individuals.

Patients who do not wish for their data to be used as part of this process can register type 1 opt out with their GP.

Processor

OpenSAFELY

Find additional information about OpenSAFELY.

Individual funding requests

Purpose

We may need to process your personal information where we are required to fund specific treatment for you for a particular condition that is not already covered in our standard NHS contract.

The clinical professional who first identifies that you may need the treatment will explain to you the information that is needed to be collected and processed in order to assess your needs and commission your care; they will gain your explicit consent to share this. You have the right to withdraw your consent at any time but this may affect the decision to provide individual funding. 

Legal basis

Under UK GDPR Article 6 1(a) consent is required

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’

Data processor

NHS Sussex ICB

Safeguarding adults

Purpose

We will share personal confidential information with the safeguarding team where there is a need to assess and evaluate any safeguarding concerns and to protect the safety of individuals.

Consent is not required to share information for this purpose.

Legal basis

Direct Care under UK GDPR

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine 

Data processor

NHS Sussex ICB, West Sussex Adults Safeguarding Team 

Safeguarding children

Purpose

We will share children’s personal information where there is a need to assess and evaluate any safeguarding concerns and to protect the safety of children.

Legal basis

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine 

Consent may not be required to share this information.

Data processor

NHS Sussex ICB, Multi-Agency Safeguarding Hub

Risk stratification – preventative care

Purpose

‘Risk stratification for case finding’ is a process for identifying and managing patients who have or may be at-risk of health conditions (such as diabetes) or who are most likely to need healthcare services (such as people with frailty). Risk stratification tools used in the NHS help determine a person’s risk of suffering a particular condition and enable us to focus on preventing ill health before it develops. 

Information about you is collected from a number of sources including NHS Trusts, GP Federations and your GP Practice. A risk score is then arrived at through an analysis of your de-identified information.  This can help us identify and offer you additional services to improve your health. 

If you do not wish information about you to be included in any risk stratification programmes, please let us know. We can add a code to your records that will stop your information from being used for this purpose. Please be aware that this may limit the ability of healthcare professionals to identify if you have or are at risk of developing certain serious health conditions.

Type of Data – Identifiable/Pseudonymised/Anonymised/Aggregate Data

Legal basis

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’

Processors

NHS Sussex ICB

Public health screening programmes (identifiable), notifiable disease information (identifiable), smoking cessation (anonymous), sexual health (anonymous), vaccination programmes

Purpose

Personal identifiable and anonymous data is shared.

The NHS provides national screening programmes so that certain diseases can be detected at an early stage. These currently apply to bowel cancer, breast cancer, aortic aneurysms and diabetic retinal screening service to name a few. The law allows us to share your contact information, and certain aspects of information relating to the screening with Public Health England so that you can be appropriately invited to the relevant screening programme.

More information can be found on the UK government website or speak to the practice

Patients may not opt out of having their personal information shared for Public Health reasons.

Patients may opt out of being screened at the time of receiving an invitation.

Legal basis

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’

Data processors

West Sussex County Council Public Health Department

Direct care, NHS trusts, community providers, pharmacies, enhanced care providers, nursing homes, other care providers

Purpose

Personal information is shared with other secondary care trusts and providers in order to provide you with individual direct care services. This could be hospitals or community providers for a range of services, including treatment, operations, physio, and community nursing, ambulance service. 

Legal basis

The processing of personal data in the delivery of direct care and for providers’ administrative purposes in this surgery and in support of direct care elsewhere is supported under the following 

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine 

In some cases patients may be required to consent to having their record opened by the third party provider before patients information is accessed. Where there is an overriding need to access the GP record in order to provide patients with lifesaving care, their consent will not be required. 

Processors

• Community Nursing Team – The nurses and other health professionals who work in the community and visit patients at their home.
• Onecall & Echo – The team who coordinate Urgent Care and End of Life Care in the community.
• St Wilfrid’s Hospice – The team who provide tailored end of life care in the Community and at their Chichester Hospice.
• GP Hub – local clinics providing additional GP Appointments.
• Bognor Minor Injuries Unit – The Emergency Nurse Practitioners who treat minor injuries in the Bognor War Memorial Hospital Unit.
• Local Pharmacy – where the patient has asked for prescriptions etc. to be sent.
• Nursing and Care Homes – where the patient is a resident
• University Hospital Sussex
• Sussex Partnership Foundation Trust (SPFT)

Care quality commission

Purpose

The CQC is the regulator for the English Health and Social Care services to ensure that safe care is provided. They will inspect and produce reports back to the GP practice on a regular basis. The Law allows the CQC to access identifiable data. 

More detail on how they ensure compliance with data protection law (including UK GDPR) and their privacy statement is available on their website

Legal basis

• Article 6(1)(c) “processing is necessary for compliance with a legal obligation to which the controller is subject.” 
• Article 9(2) (h) as stated below 

Processors

Care Quality Commission

Population health management

Purpose

Health and care services work together as ‘Integrated Care Systems’ (ICS) and are sharing data in order to:

• Understand the health and care needs of the care system’s population, including health inequalities
• Provide support to where it will have the most impact
• Identify early actions to keep people well, not only focusing on people in direct contact with services, but looking to join up care across different partners.  (NB this links to the Risk Stratification activity identified above)

Type of Data – Identifiable/Pseudonymised/Anonymised/Aggregate Data.  NB only organisations that provide your care will see your identifiable data.

Legal basis

• Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ 
• Article 9(2)(h) as stated below

Data processors

NHS Sussex ICB, Sussex Integrated Database, Optum

Payments

Purpose

Contract holding GPs in the UK receive payments from their respective governments on a tiered basis. Most of the income is derived from baseline capitation payments made according to the number of patients registered with the practice on quarterly payment days. These amounts paid per patient per quarter varies according to the age, sex and other demographic details for each patient. There are also graduated payments made according to the practice’s achievement of certain agreed national quality targets known as the Quality and Outcomes Framework (QOF), for instance the proportion of diabetic patients who have had an annual review. Practices can also receive payments for participating in agreed national or local enhanced services, for instance opening early in the morning or late at night or at the weekends. Practices can also receive payments for certain national initiatives such as immunisation programs and practices may also receive incomes relating to a variety of non-patient related elements such as premises. Finally there are short term initiatives and projects that practices can take part in. Practices or GPs may also receive income for participating in the education of medical students, junior doctors and GPs themselves as well as research. In order to make patient based payments basic and relevant necessary data about you needs to be sent to the various payment services. The release of this data is required by English laws.

Legal basis

• Article 6(1)(c) ‘processing is necessary for compliance with a legal obligation to which the controller is subject’; and 
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’.

Data processors

NHS England, NHS Sussex ICB, Public Health

Patient record data base

Purpose

Your medical record will be processed in order that a data base can be maintained, this is managed in a secure way and there are robust processes in place to ensure your medical record is kept accurate, and up to date.  Your record will follow you as you change surgeries throughout your life. 

Closed records will be archived by NHS England 

Legal basis

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’.

Processor

TPP and PCSE

Medical reports subject access requests

Purpose

Your medical record may be shared in order that:

Solicitors/persons acting on your behalf can conduct certain actions as instructed by you. 

Insurance companies seeking a medical report where you have applied for services offered by then can have a copy to your medical history for a specific purpose. 

Legal basis

• Article 6(1)(a) – consent for personal data; and
• Article 9(2)(a) – explicit consent for special-category data.

Processor

iGPR, eMR, Solicitors, Insurance organisations

Medicines Mmnagement team medicines optimisation

Purpose

Your medical record is shared with the medicines management team pharmacists, in order that your medication can be kept up to date and any necessary changes to medication can be implemented.

Legal basis

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’

Processor

NHS Sussex ICB

Medicines optimisation, optimiseRX, analyseRX, oberoi

Purpose

Your anonymous aggregated information will be shared in order to optimise medication. This will enable your GP to provide a more efficient medication regime for your personal care. Some of the anonymous information may be used nationally to drive wider understanding of the medication is used.  

Legal basis

Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ And Article 9(2)(h) Health data as stated below

Processor

NHS Sussex ICB

GP federation, GP extended access, video consultations, minor injuries services and seasonal vaccine administration (nursing, care home and housebound patients only).

Purpose

Your medical record will be shared with the Alliance for Better Care. in order that they can provide direct care services to the patient population. This could be in the form of video consultations, Minor injuries clinics, GP extended access clinics. The Federation will be acting on behalf of the GP practice.

Legal basis

Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ And Article 9(2)(h) Health data as stated below

Processor

Alliance for Better Care Ltd.

Primary care network

Purpose

Your medical record will be shared with the Chichester Alliance of Medical Practices in order that they can provide direct care services to the patient population. 

Legal basis

• Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ 
• Article 9(2)(h) Health data as stated below

Processor

Chichester Alliance of Medical Practices (Langley House, Selsey, Cathedral, Parklands, Lavant Road, Tangmere, Southbourne, Witterings)

Smoking cessation

Purpose

Personal information is shared in order for the smoking cessation service to be provided.

Only those patients who wish to be party to this service will have their data shared

Legal basis

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’

Processor

West Sussex County Council

Social Prescribers

Purpose

Access to medical records is provided to social prescribers to undertake a full service to patients dependent on their health social care needs.

Only those patients who wish to be party to this service will have their data shared

Legal basis

• Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ 
• Article 9(2)(h) Health data as stated below 

Processor

Chichester Alliance of Medical Practices PCN

Police

Purpose

Personal confidential information may be shared with the Police authority for certain purposes. The level of sharing and purpose for sharing may vary. Where there is a legal basis for this information to be shared consent will not always be required. 

The Police will require the correct documentation in order to make a request. This could be but not limited to, DS 2, Court order, s137, the prevention and detection of a crime. Or where the information is necessary to protect a person or community.

Legal basis

UK GDPR

• Article 6(1)(c) – to comply with a legal obligation; and
• Article 9(2)(j) – ‘for reasons of substantial public interest’

Processor

Police Constabulary

Coroner

Purpose

Personal health records or information relating to a deceased patient may be shared with the coroner.

Legal basis

UK GDPR 

• Article 6 1 (c) Legal Obligation 
• 9 2 (h) Health data

Processor

The Coroner

Medical examiner service – university hospital sussex

Purpose

Medical records associated with deceased patients are outside scope of the UK GDPR. However, next of kin details are within the scope of the UK GDPR. We will share specified deceased patient records and next of kin details with the Medical Examiners within University Hospitals Sussex 

Legal basis

Article 6(1)(c) – necessary under a legal obligation to which the controller is subject”; and

Article 9(2)(h)– “processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services”.

Processor

Medical Examiners service – University Hospitals Sussex

Non-commissioned, private healthcare providers

Purpose

Personal information shared with private health care providers in order to deliver direct care to patients at the patient’s request. Consent from the patient will be required to share data with Private Providers.

Legal basis

• Articles 6(1)(a) and 9(2)(a) consent by the patient given under contract to the provider.

Provider

Nuffield Health, Spire Healthcare Group plc, BMI Healthcare, Optegra Eye Healthcare

Messaging service

Purpose

Personal identifiable information shared with the messaging service in order that messages including; appointment reminders; results; campaign messages related to specific patients health needs; and direct messages to patients, can be transferred to the patient in a safe way.

Legal basis

UK GDPR 

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’

Provider

AccuRX

Remote consultation including video consultation and clinical photography

Purpose

Personal information including images may be processed, stored and with the patients consent shared, in order to provide the patient with urgent medical advice.

Legal basis

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’

Patients may be videod or asked to provide photographs with consent.  There are restrictions on what the practice can accept photographs of. No photographs of the full face, no intimate areas, no pictures of patients who cannot consent to the process. 

No identifiable pictures of children

Processor

AccuRX, Surgery Connect (X-On)

MDT meetings

Purpose

For some long term conditions, the practice participates in meetings with staff from other agencies involved in providing care, to help plan the best way to provide care to patients with these conditions. Personal data will be shared with other agencies in order that mutual care packages can be decided.

Legal basis

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’

Processor

MS Teams

General Practice Extraction Service (GPES)

1. At risk patients data collection Version 3
2. CVDPREVENT Audit
3. Physical Health Checks for people with Severe Mental Illness
4. National Obesity Audit

Purpose

GP practices are required to provide data extraction of their patients personal confidential information for various purposes to NHS England. The objective of this data collection is on an ongoing basis to identify patients registered at General Practices who fit within a certain criteria, in order to monitor and either provide direct care, or prevent serious harm to those patients. Below is a list of the purposes for the data extraction, by using the link you can find out the detail behind each data extraction and how your information will be used to inform this essential work:  

1. At risk patients including severely clinically vulnerable
2. NHS England has directed NHS England to collect and analyse data in connection with Cardiovascular Disease Prevention Audit
3. GPES Physical Health Checks for people with Severe Mental Illness (PHSMI) data collection.
4. National Obesity Audit - NHS Digital

Legal basis

All GP Practices in England are legally required to share data with NHS England for this purpose under section 259(1)(a) and (5) of the The Health and Social Care Act 2012 

Further detailed legal basis can be found in each link. 

Any objections to this data collection should be made directly to NHS England enquiries@nhsdigital.nhs.uk

Processor

NHS England

Medication/Prescribing

Purpose

Prescriptions containing personal identifiable and health data will be shared with chemists/pharmacies, in order to provide patients with essential medication or treatment as their health needs dictate. This process is achieved either by face to face contact with the patient or electronically. 

Pharmacists may be employed to review medication, Patients may be referred to pharmacists to assist with diagnosis and care for minor treatment, patients may have specified a nominated pharmacy they may wish their repeat or acute prescriptions to be ordered and sent directly to the pharmacy making a more efficient process. Arrangements can also be made with the pharmacy to deliver care and medication 

Legal basis

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’

Processor

Pharmacy of choice

Professional training

Purpose

We are a training surgery. Our clinical team are required to be exposed to on the job, clinical experience, as well as continual professional development. On occasion you may be asked if you are happy to be seen by one of our GP registrars, pharmacists or other clinical team to assist with their training as a clinical professional. You may also be asked if you would be happy to have a consultation recorded for training purposes. These recordings will be shared and discussed with training GPs at the surgery, and also with moderators at the RCGP and HEE.

Legal basis 

• 6 1 (a) consent, patients will be asked if they wish to take part in training sessions.
• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’

Recordings remain the control of the GP practice and they will delete all recordings from the secure site once they are no longer required.

Processor

RCGP, HEE, Fourteen Fish, Clarity

Telephony

Purpose

The practice use an internet based telephony system that records telephone calls, for their own purpose and to assist with patient consultations. The telephone system has been commissioned to assist with the high volume and management of calls into the surgery, which in turn will enable a better service to patients. We record incoming calls only / incoming and outgoing calls.

Our phone system is set to automatically retain calls for 30 days. After this point, the recordings are automatically deleted. The 30-day retention period enables us to download and retain exact and unaltered copies of calls where required for medico-legal purposes. 

Legal basis

While there is a robust contract in place with the processor, the surgery has undertaken this service to assist with the direct care of patients in a more efficient way.

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’

Provider

Surgery Connect (X-On)

Typewriting service

Purpose

The practice use an internet based typewriting service to assist with patient referrals and letters. The service has been commissioned to assist with the high volume and management of referrals and other medical letters, which in turn will enable a better, more timely, service to patients.

Legal basis

While there is a robust contract in place with the processor, the surgery has undertaken this service to assist with the direct care of patients in a more efficient way.

• Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ 
• Article 9(2)(h) Health data as stated below

Provider

Lexacom

Learning disability mortality programme LeDer

Purpose

The Learning Disability Mortality Review (LeDeR) programme was commissioned by NHS England to investigate the death of patients with learning difficulties and Autism to assist with processes to improve the standard and quality of care for people living with a learning disability and Autism. Records of deceased patients who meet with this criteria will be shared with NHS England.

Legal basis

It has approval from the Secretary of State under section 251 of the NHS Act 2006 to process patient identifiable information who fit within a certain criteria.

Processor

NHS England, NHS Sussex ICB

Technical solution pseudonymisation

Purpose

Personal confidential and special category data in the form of medical record, is extracted under contract for the purpose of pseudonymisation. This will allow no patient to be identified within the data set that is created. SCWCSU has been commissioned to provide a data processing service for the GPs, no other processing will be undertaken under this contract.

Legal basis

Under UK GDPR the legitimate purpose for this activity is under contract to provide assistance.

• Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ 
• Article 9(2)(h) Health data as stated below

Processor

SCW CSU

Prospective online access

Purpose

To allow patients to access their GP medical record online via the NHS App. The view all documents and entries made into their record by the GP, including information sent to the GP Practice where exemptions do not apply. Where a patient has requested third party access (family/friends) to their medical records, it is the patient’s responsibility to ensure removal of this access if no longer required. Proxy access to the patient’s record will be limited unless the patient has requested full access.

Legal basis

UK GDPR:

• Article 6(1)(e) Necessary for the performance of a task carried out in the public interest
• Article 9(2)(h) Necessary for provision of health and/or social care, including preventative or occupational medicine

Common Law Duty of Confidentiality (CLDC):

• The CLDC is satisfied as the data subjects are accessing their own data following sign up for a relevant app or platform and selecting the option to view their GP record.

Processor

NHS England, TPP

Off Site Storage of medical records

Purpose

The practice has commissioned an off-site storage provider for the storage of their Lloyd George Medical Records.

The facility has met the NHS standards as a supplier of this service. The practice can assure patients that their medical records will remain in the control of the practice and robust mechanisms are in place to protect the security of the data held.

Legal basis

Under UK GDPR

• Article 6 1 (b) contract obligation
• Article 6 1 (e) Public Task
• Article 9 2 (h) Health data

Processor

Iron Mountain UK PLC

Shared care record

Purpose

In order for the practice to have access to a shared record, the Integrated Care Service has commissioned a number of systems including GP connect, which is managed by NHS England, to enable a shared care record, which will assist in patient information to be used for a number of care related services. These may include Population Health Management, Direct Care, and analytics to assist with planning services for the use of the local health population. 

Where data is used for secondary uses no personal identifiable data will be used. 

Where personal confidential data is used for Research explicit consent will be required. 

Legal basis

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’

Processor

NHS England

Local shared care record (our care connected)

Purpose

Health and Social care services are developing shared systems to share data efficiently and quickly.  It is important for anyone treating you to be able to access your shared record so that they have all the information they need to care for you. This will be during your routine appointments and in urgent situations such as going to A&E, calling 111 or going to an Out of hours appointment.  It is also quicker for staff to access a shared record than to try to contact other staff by phone or email.

Only authorised staff can access the systems and the information they see is carefully checked so that it relates to their job.  Systems do not share all your data, just data which services have agreed is necessary to include.

Legal basis

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’

Processor

Plexus, NHS Digital, ESHT, UHST, ICS member providers

Drug and long term condition monitoring and invitation

Purpose

Personal health data is used to accurately the invite patients for the monitoring of their conditions and drug prescribing.

Legal basis

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 6 1 (f) legitimate interest; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’

Processor

Abtrace

Workflow processing of letters, reports and other received written documentation

Purpose

Personal Confidential data, in the form of letters reports and other written documentation, received by the practice from other organisations or individuals, is processed by Spark Primary Care on behalf of the Practice to ensure accurate and timely recording of the information within patients’ medical records.

Legal basis

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 6 1 (f) legitimate interest; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’

Processor

General Practice Solutions (GPS)

NHSMail and office 365 (N365 applications and sharepoint)

Purpose

NHSmail and Office 365 help NHS staff work more securely and efficiently which directly benefits our patients:

Security

Emails are encrypted keeping your sensitive information safe.

Collaboration

Staff can easily work together saving time and improving care.

Reliability

The system is supported 24/7 to avoid service disruptions.

National reach

Staff can easily connect across different NHS organisations.

Safety

Advanced protection against viruses and spam keeps information secure.

Flexibility

Staff can communicate without disruption even if organisations change.

These tools support the NHS's goal of improving digital care and collaboration.

Legal basis

• 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”;
• Article 9(2)h - “processing is necessary for the purposes of preventive or occupational medicine”;

Processor

Accenture

Sub-processor

Microsoft

Patient check-in screen

Purpose

Personal Confidential data, to support the efficient arrival of patient for appointments within the practice.

Legal basis

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 6 1 (f) legitimate interest; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’

Processor

Numed

Transcribe tool (AI scribe)

Purpose

Transcribing tool used to help document interactions between clinical staff and patients.

Legal basis

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine’

Processor

Surgery Intellect (Tortus) via Surgery Connext (X-On)

Website

Purpose

The practice has contracted the use of an interactive website which is provided by an independent provider to allow patients to provide various registration or information to the surgery. All data is protected during transit and remains under control of the practice. 

Legal basis

The legal basis under UK GDPR is Article 6 1 (e) Public Task, the practice is obliged to provide alternative methods of communication to the surgery as a requirement within their contract.

It is at the patient’s own discretion if they wish to use this platform to communicate with the practice. 

Provider

Tree View Designs

Legal claims and recovery of fees

In certain circumstances, the practice may need to use or disclose limited personal information to recover unpaid fees for services not covered by the NHS (such as private medical reports or assessments). This may include sharing information necessary to pursue legal action, such as a Small Claims Court application.

• Any information shared will be strictly limited to what is necessary for the purpose (for example, confirming the existence of an unpaid invoice for a private service). We will never disclose detailed medical records or sensitive health information for this purpose.
• The legal basis for this processing is our legitimate interest in recovering debts owed to the practice, as permitted under data protection law.
• Such disclosures will only occur where all appropriate warnings have been given to the patient and where other avenues for payment have been exhausted.
• We remain committed to protecting your confidentiality and will always ensure that your information is handled securely and lawfully.

Reviews of and changes to our privacy notice

We will keep our privacy notice under regular review. This notice was last reviewed on 24th October 2024

Lawful basis for processing

The processing of personal data in the delivery of direct care and for providers’ administrative purposes in this surgery and in support of direct care elsewhere is supported under the following Article 6 and 9 conditions of the UK GDPR:

• Article 6(1)(e) ‘…necessary for the performance of a task carried out in the public interest or in the exercise of official authority…’; and
• Article 9(2)(h) ‘necessary for the purposes of preventative or occupational medicine for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services...”