Website Privacy Statement
1. Welcome to Manor Street Surgery's privacy notice. We respect your privacy and are committed to protecting your personal data. This privacy notice will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.
Purpose of this privacy notice
2. This privacy notice aims to give you information on how we collect and processes your personal data through your use of this website. This website is not intended for children and we do not knowingly collect data relating to children.
3. It is important that you read this privacy notice together with any other privacy notice or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy notice supplements the other notices and is not intended to override them.
4. The Practice “Manor Street Surgery” is the controller and is responsible for your personal data (collectively referred to as "the Practice", "we", "us" or "our" in this privacy notice).
5. If you have any questions about this privacy notice, including any requests to exercise your legal rights, please contact the Practice Manager.
6. You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
Changes to the privacy notice and your duty to inform us of changes
7. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
8. This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.
The data we collect about you
9. Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
10. We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
• Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.
• Contact Data includes billing address, delivery address, email address and telephone numbers.
• Financial Data includes bank account and payment card details.
• Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.
• Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
• Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.
• Usage Data includes information about how you use our website, products and services.
• Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
11. We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy notice.
12. We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
How is your personal data collected?
13. We use different methods to collect data from and about you including through direct interactions. For example, you may give us your identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise.
How we use your personal data
14. We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances: -
• Where we need to perform the contract we are about to enter into or have entered into with you.
• Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
• Where we need to comply with a legal or regulatory obligation.
15. Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data.
16. You can ask us or third parties to stop sending you marketing messages at any time.
Change of purpose
17. We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
18. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
19. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Disclosures of your personal data
20. We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
21. Whenever we transfer your personal data out of the EEA, we ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented and we will only transfer your personal data to countries that have been deemed to provide an adequate level of protection for personal data by the European Commission.
22. We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
23. We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
24. We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
25. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.
26. In some circumstances you can ask us to delete your data. In some circumstances we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Your legal rights
27. Under certain circumstances, you have rights under data protection laws in relation to your personal data. Your rights are to: -
• Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it
• Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
• Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
• Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
• Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
• Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
28. You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
29. We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
30. We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Everyone working in the NHS has a legal duty to maintain the highest level of confidentiality about patient information.
The practice is registered under the Data Protection Act and the Freedom of Information Act.
If at any time you would like to know more about how we use your information, you can speak to the Practice Manager.
Access to Medical Records & Data Protection Information
This practice is registered under the Data Protection Act 1988.
We ask for information so that you can receive proper care and treatment.
We keep this information, together with details of your care, because it may be needed if we see you again.
We may use some of this information for other reasons: for example, to help us protect the health of the public generally and to help ensure the NHS runs efficiently, is able to plan for the future, train its staff and account for its actions. Information may also be needed to help educate tomorrow's clinical staff and to carry out medical, and other, health research for the benefit of everyone.
Sometimes the law requires us to pass on information, for example: to notify a birth.
The NHS Central Register for England and Wales contains basic personal details of all patients registered with a General Practitioner.
The Register does not contain any clinical information.
You have a right to access your own health records.
Everyone working for the NHS has a legal duty to keep information about you confidential.
You may be receiving care from other people as well as the NHS. So that we can all work together, for your benefit, we may need to share some information about you.
We only ever use or pass on, information about you if people have a genuine need for it and it is in everyone's interests. The sharing of some types of very sensitive, personal information is strictly controlled by law.
Anyone who receives information from us is also under a legal duty to keep it confidential.
Fair Processing Notice/Privacy Notice – My Care Record
Background and Introduction
Hertfordshire and west Essex health and care organisations, including NHS Clinical Commissioning Groups (CCGs) aim to continually improve efficiencies with the planning, design and delivery of health and care services for our local population from providers - including hospitals, GP practices, ambulance services, social care and nursing homes. We are also responsible for facilitating the delivery of co-ordinated, integrated care to ensure that patients experience improved outcomes and seamless, timely service provision.
With this core objective in mind, My Care Record allows clinicians and other staff directly involved in your care to access information about your health and treatment. The people caring for you will access appropriate and limited health and care records in order to make the best decisions about your diagnosis, treatment and care. These health and care professionals may include GPs, hospital-based clinicians, social workers nurses and health visitors.
For further information please refer to the My Care Record website: www.mycarerecord.org.uk
The following STP members across Hertfordshire and west Essex have been invited to sign up to My Care Record:
- General Practice surgeries
- Community services
- Out of Hours Services
- Social care
Details of the organisations involved and their Data Protection Officer are listed at the end of this notice.
You can tell your GP if you don’t want them to make your information available to any partner health or social care provider. Your record will be updated accordingly and no information will be available to access. You can change your mind about opting out or at any time.
Categories of Personal Data Processed
Personal Data – see General Data Protection Regulation (GDPR) Article 6(1)d
Special Category Data - which includes health data – see GDPR Article 9
Lawful Basis for Processing
Health and social care organisations adopt the following as the lawful basis for processing:
- Common Law duty on Confidentiality
- Health and Social Care Act (251B duty to share information is met)
- GDPR) Article 6(1)d – vital interests (breakglass)
- GDPR Article 6(1)e – exercise of official authority
- GDPR Article 9(2)h – health or social care provision
- GDPR Article 9(2)b – social law protection and safeguarding
The common law duty of confidentiality means that where identifiable information about you has been given in confidence, it shall be treated as confidential and only accessed for the purpose of providing direct healthcare.
What information will be accessed under My Care Record?
Your records will include relevant information that you have told us, or information from health professionals and other staff directly involved in your care and treatment or information provided on your behalf by relatives or those who care for you.
These may include:
- Name, address, NHS Number and phone number
- Test results and investigations
- Correspondence between healthcare professionals involved in your care
- Clinical history
- Emergency department treatment
- Future and past appointments
- Health plans and alerts
- Mental health alerts and diagnoses
- Social care information
- A social care plan if you have one.
All clinicians and practitioners know that your information should be kept private and confidential. Hence, under My Care Record, information will only be accessed and processed strictly on a “need-to-know” basis.
If there is other information within your records that you do not wish to make available please speak to your GP or health and care professional.
Benefits of My Care Record
The use of such information is integral to you receiving quality treatment and care. This will ensure:
- Better co-ordinated and seamless care
- Quicker diagnosis and treatment
- More time to spend on clinical care
- Less paperwork and less repetition
- Safe and secure decision-making
- Fewer unnecessary clinical tests
- More accurate prescriptions
Personal data is stored securely for the duration specified by the NHS Digital / Information Governance Alliance (IGA) Retention schedule. Once information that is held has been identified for destruction it will be disposed of in the most appropriate way for the type of information it is.
Access to your information
If you require a copy of your own information, please contact your GP practice.
The GP practice has a complaints procedure. If you wish to make a complaint please contact the practice. Patients also have the right to make a complaint to the Information Commissioner’s Office regarding breaches of confidentiality.
For independent advice about data protection, privacy, data sharing issues and your rights you can contact:
Information Commissioner’s Office
Telephone: 0303 123 1113 (local rate) or 01625 545 745
Visit the ICO website. https://ico.org.uk/
Access to your information
My Care Record is simply a reflection of your individual records held by the organisations above and therefore you should contact them directly if you wish to have a copy of the information held about you. The contact details for each organisation’s Data Protection Officer or Team is below.
Contact details for Data Protection Officers:
Hertfordshire Hospitals NHS Trust Watford General Hospital
Hertfordshire. WD18 0HB
Tel: 01923 244 366
Hertfordshire Partnership University NHS Foundation Trust
Records and Access to Information Team, Hertfordshire Partnership NHS Foundation Trust, 99 Waverley Road
St Albans. AL3 5TL
Tel No: 01727 804707
Hertfordshire Community NHS Trust
Access to records, Hertfordshire Community NHS Trust,
Unit 1a, Howard Court
14 Tewin Road
Welwyn Garden City. AL7 1BW
Tel: 01707 388000
Hertfordshire Social Care
Data Protection Team
Hertfordshire County Council
Hertford. SG13 8DF
Tel: 0300 123 4040
Please contact your own General Practice directly for a copy of your GP record.