Legal Requirements Privacy Notice

NHS England

NHS England is a national body which has legal responsibilities to collect information about health and social care services.

It collects information from across the NHS in England and provides reports on how the NHS is performing. These reports help to plan and improve services to patients.

This practice must comply with the law and will send data to NHS England, for example, when it is told to do so by the Secretary of State for Health under the Health and Social Care Act 2012.

More information about NHS England and how it uses information can be found on NHS England health and care data

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.

More information about CQC

Public Health

The law requires us to share data for public health reasons, for example to prevent the spread of infectious diseases or other diseases which threaten the health of the population.

We will report the relevant information to the local health protection team or the UK Health Security Agency.

For more information about the UK Health Security Agency and disease reporting see: UKHSA disease reporting guidance

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

Beckett House, Grantham Road, Stockwell SW9 9LD

Data Protection Officer Contact Details

gdpo@selondonics.nhs.uk

Purpose of the Processing

Compliance with legal obligations or court order.

Lawful Basis for Processing

The following sections of the UK 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

In the relevant circumstances, data will be shared with:

• NHS England.
• The Care Quality Commission.
• Our local health protection team or the UK Health Security Agency.
• A court if we are ordered to do so.
• Safeguarding Teams
• Health and Social Care teams
• Law enforcement

Right to Object and the National Data Opt-out

There are very limited rights to object when the law requires information to be shared.

The National Data Opt-out prevents your confidential information being used for research and planning (subject to a small number of exclusions) but it does not apply when there is a legal requirement to share confidential information.

More on the national data opt-out

You are unable to object when information is legally required:

• under public health legislation
• if the Care Quality Commission needs information for their regulatory functions
• by a court

When your choice about sharing data from your health records does not apply 

Right of Access and Right to Correct

You have the right to access your medical record. Please speak to a member of staff or look at our ‘subject access request’ policy on the practice website – Subject Access Requests (SAR)

You have the right to correct personal information which is inaccurate or a mistake. Please speak to a member of staff.

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.

Right to Restriction of Processing

You have the right to ask us to restrict the processing of your personal information in certain circumstances. Please contact us if you would like to make a request.

Retention Period

GP medical records will be kept in line with the law and national guidance. Information on how long records are kept can be found at Records Management Code, 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 contact the ICO online or call the helpline 0303 123 1113.