Background
The Cademuir is an Independent General Practice clinic provided by Dr Ross Stewart MRCGP. It is registered with Health Improvement Scotland as an Independent provider of General Practice needs.
Aim
To communicate the responsibilities of The Cademuir Clinic Ltd in handling personal information.
To ensure best practice with regards to handling of data as per GDPR.
Scope
For use of all clinicians and staff; as well as patients of The Cademuir Clinic/members of the public.
About the personal information we use
We use personal information on different groups of individuals including:
• Patients
• Contractors
• Suppliers
• Complainants, enquirers
• Survey respondents
• Professional experts and consultants
The personal information we use includes information that identifies you like your name address, date of birth and postcode.
We also use more sensitive types of personal information, including information about racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; genetic and biometric data, health; sex life or sexual orientation. The information we use can relate to personal and family details; education, training and employment details; financial details; lifestyle and social circumstances; goods and services; visual images; details held in the patient record; responses to surveys.
Our purposes for using personal information
We use personal information to enable us to provide healthcare services for patients (including reminding you of appointments), maintaining our accounts and records.
Our legal basis for using personal information
Dr Ross Stewart MRCGP, as data controller( Ref number ZB083061 ) is required to have a legal basis when using personal information. The Cademuir Clinic considers that performance of our tasks and functions are in the public/patient interest. So when using personal information our legal basis is usually that its use is necessary for the performance of a task carried out in the public interest, or in the exercise of official authority vested in us.
In some situations, we may rely on a different legal basis; for example, when we are using personal information to pay a supplier, our legal basis is that its use is necessary for the purposes of our legitimate interests as a buyer of goods and services. Another example would be for compliance with a legal obligation to which health care professionals are subject to, for example under the Public Health (Scotland) Act 2008 we are required to notify Health Protection Scotland when someone contracts a specific disease.
On rare occasions we may rely on your explicit consent as our legal basis for using your personal information. When we do this we will explain what it means, and the rights that are available, to you.
Who provides the personal information
When you do not provide information directly to us, we may receive it from other individuals and organisations involved in the delivery of health and care services in Scotland. These include NHS Boards and other primary care contractors such as GPs, dentists, pharmacists and opticians; other public bodies e.g. Local Authorities and suppliers of goods and services.
Sharing personal information with others
Depending on the situation, where necessary we will share appropriate, relevant and proportionate personal information in compliance with the law, with the following:
• Our patients and their chosen representatives or carers
• Staff
• Current, past and potential employers
• Healthcare social and welfare organisations
• Suppliers, service providers, legal representatives
• Auditors and audit bodies
• Educators and examining bodies
• Research organisations
• People making an enquiry or complaint
• Financial organisations
• Professional bodies
• Trade Unions
• Business associates
• Police forces.
• Security organisations.
• Central and local government.
• Voluntary and charitable organisations.
Transferring personal information abroad
It is sometimes necessary to transfer personal health information overseas for example if you require urgent medical treatment abroad. When this is needed information may be transferred to countries or territories around the world. Any transfers made will be in full compliance with NHS Scotland Information Security Policy.
Retention periods of the information we hold
The Cademuir Clinic will hold your records indefinitely unless instructed otherwise by a patient. In the event of The Cademuir Clinic is no longer operating, medical records will be erased permanently. Patients will be offered an opportunity at this time to receive a full copy of their medical notes to date.
How we protect personal information
We take care to ensure your personal information is only accessible to authorised people. The Cademuir clinic has a legal duty to keep personal health information secure, and Confidential. All information is recorded electronically and only accessible to qualified individuals.
Your rights
You have the right to access your own personal information.
This right includes making you aware of what information we hold along with the opportunity to satisfy you that we are using your information fairly and legally.
You have the right to obtain:
· Confirmation that your personal information is being held or used by us
· Access to your personal information
· Additional information about how we use your personal information
Although we must provide this information free of charge, if your request is considered unfounded or excessive, or if you request the same information more than once, we may charge a reasonable fee.
If you would like to access your personal information, you can do this by submitting a written request. Please note email from your private address may not be secure.
Once we have received your request and you have provided us with enough information for us to locate your personal information, we will respond to your request without delay, within one month (30 days). However, if your request is complex we may take longer, by up to two months, to respond. If this is the case, we will tell you and explain the reason for the delay.
The right to rectification
If the personal information we hold about you is inaccurate or incomplete, you have the right to have this corrected.
If it is agreed that your personal information is inaccurate or incomplete, we will aim to amend your records accordingly, normally within one month, or within two months where the request is complex. However, we will contact you as quickly as possible to explain this further if the need to extend our timescales applies to your request. Unless there is a risk to patient safety, we can restrict access to your records to ensure that the inaccurate or incomplete information is not used until amended.
If for any reason we have shared your information with anyone else, perhaps during a referral to another service for example, we will notify them of the changes required so that we can ensure their records are accurate.
If on consideration of your request The Cademuir Clinic does not consider the personal information to be inaccurate then we may add a comment to your record stating your concerns about the information. If this is case we will contact you within one month to explain our reasons for this.
If you are unhappy about how The Cademuir Clinic has responded to your request for rectification we will provide you with information on how you can complain to the Information Commissioner’s Office, or how to take legal action.
The right to object
When Cademuir Clinic is processing your personal information you have the right to object to the processing and also seek that further processing of your personal information is restricted. Provided The Cademuir Clinic can demonstrate compelling legitimate grounds for processing your personal information, for instance; patient safety or for evidence to support legal claims, your right will not be upheld.
The right to complain
If you are unhappy with the way in which we use your personal information, please tell our Data Protection Officer using the contact details below.