National data opt-out
You can decide if health and care information that could identify you is used for research and planning.
You can choose whether your confidential patient information is used for research and planning. To find out more visit nhs.uk/your-nhs-data-matters.
You do not need to do anything if you are happy about how your confidential patient information is used. You can change your choice at any time.
Type 1 opt-out: medical records held at your practice
You can also tell your GP practice if you do not want your confidential patient information held in your GP medical record to be used for purposes other than your individual care. This is commonly called a type 1 opt-out. This opt-out request can be only recorded by your GP surgery. Please ask at reception.
Your data matters to the NHS, please click here for more information.
How the NHS and care services use your information
Christiana Hartley Medical Practice is one of many organisations working in the health and care system to improve care for patients and the public.
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 www.nhs.uk/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 at:
https://www.hra.nhs.uk/information-about-patients/ (which covers health and care research); and
https://understandingpatientdata.org.uk/what-you-need-know (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.
Applying the patient opt-out to Data Extraction
The national data opt-out was introduced to give patients a choice on how their confidential patient information is used for purposes beyond their individual care.
The information that the opt-out applies to is special category data as it includes information about a patient’s health care and/or treatment that has been collected as part of the care we provide for the patient.
Patients can set or change their national data opt-out choice using an online or contact centre service. When a patient sets a national data opt-out it is in held in a repository on the NHS Spine against the patient’s NHS number.
In accordance with the patient’s wishes and national data opt-out policy, as a health and care organisation located in England, we are required to apply national data opt-outs when applicable to a use or disclosure of confidential patient information (CPI) for purposes other than the patient’s care or treatment.
Applying the opt-out to a data use/disclosure requires that we check, by using the NHS numbers of patients, whether a patient has registered an opt-out before the data is used/disclosed.
To do this a separate list of the NHS numbers in the data that is going to be used/disclosed needs to be created. The list of NHS numbers is then submitted to the Check for National Data Opt-outs service via the secure Message Exchange for Social Care and Health (MESH) messaging service. The Check for National Data Opt-outs service is an external service provided by NHS Digital. The service checks the list of NHS Numbers against a list of opt-outs created from the repository on the NHS Spine, where a match is found it removes the NHS number from the list and then returns an updated list of NHS numbers (with opt-outs removed) back to us via MESH.
We then match the updated list of NHS numbers against our original set of data that was going to be used/disclosed and remove the entire record for those patient records where the NHS numbers match. This creates a ‘cleaned’ set of data with opt-outs applied that we can then use/disclose.”
As we are using a GP system supplied by EMIS (EMIS Web), to create data to be disclosed then the processing described above will be carried out automatically by the system once we confirm via the system whether national data opt-outs need to be applied.
Christiana Hartley Medical Practice
PRACTICE FAIR PROCESSING & PRIVACY NOTICE
Your Information, Your Rights
Being transparent and providing accessible information to patients about how we will use your personal information is a key element of the Data Protection Act 2018 and the EU General Data Protection Regulations (GDPR).
The following notice reminds you of your rights in respect of the above legislation and how your GP Practice will use your information for lawful purposes in order to deliver your care and the effective management of the local NHS system.
This notice reflects how we use information for:
- The management of patient records;
- Communication concerning your clinical, social and supported care;
- Ensuring the quality of your care and the best clinical outcomes are achieved through clinical audit and retrospective review;
- Participation in health and social care research; and
- The management and clinical planning of services to ensure that appropriate care is in place for our patients today and in the future.
As your registered GP practice, we are the data controller for any personal data that we hold about you.
What information do we collect and use?
All personal data must be processed fairly and lawfully, whether is it received directly from you or from a third party in relation to the your care.
We will collect the following types of information from you or about you from a third party engaged in the delivery of your care:
- ‘Personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified from the data. This includes, but is not limited to name, date of birth, full postcode, address, next of kin and [NHS number/HCN number/ CHI number];
‘Special category / sensitive data’ such as medical history including details of appointments and contact with you, medication, emergency appointments and admissions, clinical notes, treatments, results of investigations, supportive care arrangements, social care status, race, ethnic origin, genetics and sexual orientation.
Your healthcare records contain information about your health and any treatment or care you have received previously (e.g. from an acute hospital, GP surgery, community care provider, mental health care provider, walk-in centre, social services). These records may be electronic, a paper record or a mixture of both. We use a combination of technologies and working practices to ensure that we keep your information secure and confidential.
Why do we collect this information?
The NHS Act 2006 and the Health and Social Care Act 2012 invests statutory functions on GP Practices to promote and provide the health service in England, improve quality of services, reduce inequalities, conduct research, review performance of services and deliver education and training. To do this we will need to process your information in accordance with current data protection legislation to:
- Protect your vital interests;
- Pursue our legitimate interests as a provider of medical care, particularly where the individual is a child or a vulnerable adult;
- Perform tasks in the public’s interest;
- Deliver preventative medicine, medical diagnosis, medical research; and
- Manage the health and social care system and services.
How is the information collected?
Your information will be collected either electronically using secure NHS Mail or a secure electronic transferred over an NHS encrypted network connection. In addition physical information will be sent to your practice. This information will be retained within your GP’s electronic patient record or within your physical medical records.
Who will we share your information with?
In order to deliver and coordinate your health and social care, we may share information with the following organisations:
- Local GP Practices in order to deliver extended primary care services
- Primary Care Network (working with local GP practices)
- Clinical Commissioning Group
- 111 and Out of Hours Service
- Local Social Services and Community Care services
- Safeguarding Teams
- Voluntary Support Organisations commissioned to provide services by [local CCG/Health Board]
- Commissioning Support Unit
- AccuRx and iPlato Text Messaging services
- Biobank (COVID 19)
Doctors have a duty of confidentiality, and patients have a right to expect that information given to a doctor in a professional context will not be shared without their permission. In general, if a GP decides to disclose confidential information without consent, they should be prepared to explain and justify their decision and they should only disclose as much information as is necessary for the purpose.
Your information will not be transferred outside of the European Union.
Whilst we might share your information with the above organisations, we may also receive information from them to ensure that your medical records are kept up to date and so that your GP can provide the appropriate care.
In addition we receive data from NHS Digital (as directed by the Department of Health) such as the uptake of flu vaccinations and disease prevalence in order to assist us to improve “out of hospital care”.
Disclosures which are required by law or clinical audit requirements (England only)
“In order to comply with its legal obligations this practice may send data to NHS Digital when directed by the Secretary of State for Health under the Health and Social Care Act 2012”; and “ This practice contributes to national clinical audits and will send the data which are required by NHS Digital when the law allows. This may include demographic data, such as date of birth, and information about your health which is recorded in coded form, for example, the clinical code for diabetes or high blood pressure”.
How do we maintain the confidentiality of your records?
We are committed to protecting your privacy and will only use information that has been collected lawfully. Every member of staff who works for an NHS organisation has a legal obligation to keep information about you confidential. We maintain our duty of confidentiality by conducting annual training and awareness, ensuring access to personal data is limited to the appropriate staff and information is only shared with organisations and individuals that have a legitimate and legal basis for access.
Information is not held for longer than is necessary. We will hold your information in accordance with the Records Management Code of Practice for Health and Social Care 2016.
Consent and Objections
Do I need to give my consent?
The GDPR sets a high standard for consent. Consent means offering people genuine choice and control over how their data is used. When consent is used properly, it helps you build trust and enhance your reputation. However consent is only one potential lawful basis for processing information. Therefore your GP practice may not need to seek your explicit consent for every instance of processing and sharing your information, on the condition that the processing is carried out in accordance with this notice. Your GP Practice will contact you if they are required to share your information for any other purpose which is not mentioned within this notice. Your consent will be documented within your electronic patient record.
What will happen if I withhold my consent or raise an objection?
You have the right to write to withdraw your consent at any time for any particular instance of processing, provided consent is the legal basis for the processing. Please contact your GP Practice for further information and to raise your objection.
Health Risk Screening / Risk Stratification
Health Risk Screening or Risk Stratification is a process that helps your GP to determine whether you are at risk of an unplanned admission or deterioration in health. By using selected information such as age, gender, [NHS number/HCN number/ CHI number], diagnosis, existing long term condition(s), medication history, patterns of hospital attendances, admissions and periods of access to community care your GP will be able to judge if you are likely to need more support and care from time to time, or if the right services are in place to support the local population’s needs.
To summarise, Risk Stratification is used in the NHS to:
- Help decide if a patient is at a greater risk of suffering from a particular condition;
- Prevent an emergency admission;
- Identify if a patient needs medical help to prevent a health condition from getting worse; and/or
- Review and amend provision of current health and social care services.
Your GP will routinely conduct the risk stratification process outside of your GP appointment. This process is conducted electronically and without human intervention. The resulting report is then reviewed by a multidisciplinary team of staff within the Practice. This may result in contact being made with you if alterations to the provision of your care are identified.
As mentioned above, you have the right to object to your information being used in this way. However you should be aware that your objection may have a negative impact on the timely and proactive provision of your direct care. Please contact the Practice Manager to discuss how disclosure of your personal data can be limited.
Sharing of Electronic Patient Records within the NHS
Electronic patient records are kept in most places where you receive healthcare. Our local electronic systems (such as SystmOne, EMIS and Eclipse) enables your record to be shared with organisations involved in your direct care, such as:
- GP practices
- Community services such as district nurses, rehabilitation services, telehealth and out of hospital services.
- Child health services that undertake routine treatment or health screening
- Urgent care organisations, minor injury units or out of hours services
- Community hospitals
- Palliative care hospitals
- Care Homes
- Mental Health Trusts
- Social Care organisations
In addition, NHS England have implemented the Summary Care Record which contains information including medication you are taking and any bad reactions to medication that you have had in the past.
In most cases, particularly for patients with complex conditions and care arrangements, the shared electronic health record plays a vital role in delivering the best care and a coordinated response, taking into account all aspects of a person’s physical and mental health. Many patients are understandably not able to provide a full account of their care, or may not be in a position to do so. The shared record means patients do not have to repeat their medical history at every care setting.
Your record will be automatically setup to be shared with the organisations listed above, however you have the right to ask your GP to disable this function or restrict access to specific elements of your record. This will mean that the information recorded by your GP will not be visible at any other care setting.
You can also reinstate your consent at any time by giving your permission to override your previous dissent.
Control of Patient Information (COPI) changes due to the COVID-19 pandemic
GP Connect - allows authorised clinical staff to share and view GP practice clinical information and data between IT systems, quickly and efficiently.
Summary Care Record Additional Information (SCRAI) - an electronic record of important patient information, created from GP medical records. Since the COVID-19 pandemic, the SCR has included Additional Information for patients by default, unless they have previously told the NHS that they did not want their information to be shared.
What does this mean for patients?
Patients can be reassured that if they have previously opted-out of sharing their data via GP Connect, having a Summary Care Record, or declined to provide consent to share their Additional Information, their preference will continue to be respected and applied as part of any policy change. Patients can also continue to express a Summary Care Record consent preference and they can change their mind at any time.
The use of both services is for direct patient care, which the National Data Guardian defines as “provided by health and social care staff working in care teams, which may include doctors, nurses and a wide range of staff on regulated professional registers, including social workers. Relevant information should be shared with them when they have a legitimate relationship with the patient or service user.”
Your Right of Access to Your Records
The Data Protection Act and General Data Protection Regulations allows you to find out what information is held about you including information held within your medical records, either in electronic or physical format. This is known as the “right of subject access”. If you would like to have access to all or part of your records, you can make a request in writing. This can be your GP, or a provider that is or has delivered your treatment and care. You should however be aware that some details within your health records may be exempt from disclosure, however this will in the interests of your wellbeing or to protect the identity of a third party. If you would like access to your GP record please submit your request in writing to:
The Practice Manager
Christiana Hartley Medical Practice, 5 Curzon Road, Southport, PR8 6PL.
Requests for information from third parties (for example, insurance companies) will be dealt with according to the General Data Protection Regulation.
In the event that your feel your GP Practice has not complied with the current data protection legislation, either in responding to your request or in our general processing of your personal information, you should raise your concerns in the first instance in writing to the Practice Manager at:
Christiana Hartley Medical Practice, 5 Curzon Road, Southport, PR8 6PL.
If you remain dissatisfied with our response you can contact the Information Commissioner’s Office at Wycliffe House, Water Lane, Wimslow, Cheshire SK9 5AF, telephone number: 0303 123 1113 or online at ico.org.uk
For more information www.nhs.uk/your-nhs-data-matters