The law requires us 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 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:
Addresses: Oldwood Surgery Station Road Robertsbridge East Sussex TN32 5DG
Battle Health Centre Telham House 13 Station Approach Battle East Sussex TN33 0BF
Data Protection Officer contact details:
Trudy Slade, GP IG & Data Protection Officer for GP Practices within the Sussex & East Surrey Alliance NHS South, Central & West
Address: Commissioning Support Unit, 1 The Causeway, Goring by Sea, West Sussex, BN12 6BT
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
- Care Quality Commission (CQC)
- our local health protection team or Public Health England
- the court if ordered
NHS Digital (or NHS X) is a national body which has legal responsibilities to collect information about health and social care services. GP practices are required by law (section 259(1)(a) and (5) of the 2012 Act) to provide data extraction of their patients personal confidential information for various purposes by NHS Digital. 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:
- At risk patients data collection
- Covid-19 planning and research data
- CVD PREVENT audit
- Physical health checks for people with severe mental illness
Use this link to find out the detail behind each data extraction and how your information will be used to inform this essential work:
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.
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-to-report
Additional Privacy Notice for Coronavirus
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.
You have the right to object to information being shared with NHS Digital for reasons other than your own direct care. You are not able to object to your data being shared with NHS Digital when it is legally required under the Health and Social Care Act 2012. The national data op-out model provides you with an easy way of opting-out of identifiable data being used for health service planning and research purposes, including when it is shared by NHS Digital for these reasons. To opt-out or to find out more about your opt-out choices please go to NHS Digital’s website: https://www.nhs.uk/yournhs-data-matters/ or email [email protected]
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.
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 our reception team or look at our ‘Subject Access Request’ section of our website.
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.
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 visit the ICO’s website https://ico.org.uk/global/contact-us/ or call the helpline 0303 123 1113