Commissioning, Planning, Risk Stratification, Patient Identification Privacy Notice

The records we keep enable us to plan for your care.

This practice keeps data on you that we apply searches and algorithms to in order to identify from preventive interventions.  

This means using only the data we hold or in certain circumstances linking that data to data held elsewhere by other organisations, and usually processed by organisations within or bound by contracts with the NHS.

If any processing of this data occurs outside the practice your identity will not be visible to the processors. Only this practice will be able to identify you and the results of any calculated factors, such as your risk of having a heart attack in the next 10 years or your risk of being admitted to hospital with a complication of chest disease

You have the right to object to our processing your data in these circumstances and before any decision based upon that processing is made about you. Processing of this type is only lawfully allowed where it results in individuals being identified with their associated calculated risk. It is not lawful for this processing to be used for other ill-defined purposes, such as “health analytics”. 

Despite this we have an overriding responsibility to do what is in your best interests. If we identify you as being at significant risk of having, for example a heart attack or stroke, we are justified in performing that processing.

We are required by Articles in the General Data Protection Regulations to provide you with the information in the following 9 subsections.

Data Controller Contact Details

Data Protection Officer Contact Details

Dan Clement

• Role: Associate Director ICS Information Governance / Data Protection Officer (NHS Kent & Medway Integrated Care Board)
• Email address: kmicb.ig@nhs.net
• Telephone: 01634 335095
• Postal Adress: NHS Kent and Medway, 2nd floor, Gail House, Lower Stone Street, Maidstone, ME15 6NB

Purpose of the processing

The practice performs computerised searches of some or all of our records to identify individuals who may be at increased risk of certain conditions or diagnoses i.e. Diabetes, heart disease, risk of falling). Your records may be amongst those searched. This is often called “risk stratification” or “case finding”. These searches are sometimes carried out by Data Processors who link our records to other records that they access, such as hospital attendance records. The results of these searches and assessment may then be shared with other healthcare workers, such as specialist, therapists, technicians etc. The information that is shared is to enable the other healthcare workers to provide the most appropriate advice, investigations, treatments, therapies and or care.

Lawful basis for processing

The legal basis for this processing is

• Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’ 

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...” 

We will recognise your rights under UK Law collectively known as the “Common Law Duty of Confidentiality”

Recipients or categories of recipients of the shared data

The data will be shared for processing with Health Care Professionals and for subsequent healthcare with Croydon Clinical Commissioning Group.

Rights to object

You have the right to object to this processing where it might result in a decision being made about you. That right may be based either on implied consent under the Common Law of Confidentiality, Article 22 of GDPR or as a condition of a Section 251 approval under the HSCA. It can apply to some or all of the information being shared with the recipients. Your right to object is in relation to your personal circumstances. Contact the Data Controller or the practice.

Right to access and correct

You have the right to access the data that is being shared and have any inaccuracies corrected. There is no right to have accurate medical records deleted except when ordered by a court of Law.

Retention period

The data will be retained in line with the law and national guidance or speak to the practice.

Learn more about records management code of practice

Right to Complain

You have the right to complain to the Information Commissioner’s Office

There are National Offices for Scotland, Northern Ireland and Wales.