Privacy Notice Direct Care (routine care and referrals)

Hillview Medical Centre Privacy Notice – Direct Care, (routine care and


Plain English explanation

This practice keeps data on you relating to who you are, where you live, what you do, your family, possibly your friends, your employers, your habits, your problems and diagnoses, the reasons you seek help, your appointments, where you are seen and when you are seen, who by, referrals to specialists and other healthcare providers, tests carried out here and in other places, investigations and scans, treatments and outcomes of treatments, your treatment history, the observations and opinions of other healthcare workers, within and without the NHS as well as comments and aide memoires reasonably made by healthcare professionals in this practice who are appropriately involved in your health care.

When registering for NHS care, all patients who receive NHS care are registered on a national database, the database is held by NHS Digital a national organisation which has legal responsibilities to collect NHS

GPs have always delegated tasks and responsibilities to others that work with them in their surgeries, on average an NHS GP has between 1,500 to 2,500 patients for whom he or she is accountable. It is not possible for the GP to provide hands on personal care for each and every one of those patients in those circumstances, for this reason GPs share your care with others, predominantly within the surgery but occasionally with outside organisations.

If your health needs require care from others elsewhere outside this practice we will exchange with them whatever information about you that is necessary for them to provide that care. When you make contact with healthcare providers outside the practice but within the NHS it is usual for them to send us information relating to that encounter. We will retain part or all of those reports. Normally we will receive equivalent reports of contacts you have with non NHS services but this is not always the case.

Your consent to this sharing of data, within the practice and with those others outside the practice is assumed and is allowed by the Law.

People who have access to your information will only normally have access to that which they need to fulfil their roles, for instance admin staff will normally only see your name, address, contact details, appointment history and registration details in order to book appointments, the practice nurses will normally have access to your immunisation, treatment, significant active and important past histories, your allergies and relevant recent contacts whilst the GP you see or speak to will normally have access to everything in your record.

You have the right to object to our sharing your data in these circumstances but we have an overriding responsibility to do what is in your best interests. Please see below.

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

1) Data Controller contact details

Dr Deborah Shiel – Hillview Medical Centre

2) Data Protection Officer contact details

The Surrey Heartlands CCGs DPO Support Service for GP Practices From 4th February 2019, AJ Spinks Ltd will provide the DPO Support Service for GP Practices and this will include:

Hillview Medical Centre Privacy Notice – Direct Care, (routine care and


The Surrey Heartlands Primary Care DPO Service is available

Monday-Friday 9:00 - 17:00 (excluding bank holidays) and can be

contacted via:

 Telephone: 0203 887 6923

 Email:

Self-service Portal:

3) Purpose of the


Direct Care is care delivered to the individual alone, most of

which is provided in the surgery. After a patient agrees to a

referral for direct care elsewhere, such as a referral to a

specialist in a hospital, necessary and relevant information about

the patient, their circumstances and their problem will need to

be shared with the 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


4) Lawful basis for


The processing of personal data in the delivery of direct care and

for providers’ administrative purposes in this surgery and in

support of direct care elsewhere is supported under the

following Article 6 and 9 conditions of the GDPR:

Article 6(1)(e) ‘…necessary for the performance of a task

carried out in the public interest or in the exercise of

official authority…’.

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


We will also recognise your rights established under UK case law

collectively known as the “Common Law Duty of Confidentiality”*

5) Recipient or categories

of recipients of the

processed data

The data will be shared with Health and care professionals and

support staff in this surgery and at hospitals, diagnostic and

treatment centres who contribute to your personal care. [if

possible list actual named sites such as local hospital)(s) name]

6) Rights to object You have the right to object to some or all the information being

processed under Article 21. Please contact the Data Controller or

the practice. You should be aware that this is a right to raise an

objection, that is not the same as having an absolute right to

have your wishes granted in every circumstance

7) Right to access and


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.

8) Retention period The data will be retained in line with the law and national



or speak to the practice.

9) Right to Complain. You have the right to complain to the Information Commissioner’s

Hillview Medical Centre Privacy Notice – Direct Care, (routine care and


Office, you can use this link

or calling their helpline Tel: 0303 123 1113 (local rate) or 01625

545 745 (national rate)

There are National Offices for Scotland, Northern Ireland and

Wales, (see ICO website)

* “Common Law Duty of Confidentiality”, common law is not written out in one document like an

Act of Parliament. It is a form of law based on previous court cases decided by judges; hence, it

is also referred to as 'judge-made' or case law. The law is applied by reference to those previous

cases, so common law is also said to be based on precedent.

The general position is that if information is given in circumstances where it is expected that a

duty of confidence applies, that information cannot normally be disclosed without the

information provider's consent.

In practice, this means that all patient information, whether held on paper, computer, visually or

audio recorded, or held in the memory of the professional, must not normally be disclosed

without the consent of the patient. It is irrelevant how old the patient is or what the state of

their mental health is; the duty still applies.

Three circumstances making disclosure of confidential information lawful are:

 where the individual to whom the information relates has consented;

 where disclosure is in the public interest; and

 where there is a legal duty to do so, for example a court order.