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Data Protection Privacy Notice for Patients and Users of Autism Doctor
Your privacy is important to us, and we are committed to protecting and safeguarding your data privacy rights.
This privacy notice applies to personal information processed by or on behalf of Autism Doctor.
This privacy notice lets you know what happens to any personal data that you give to us, or any that we may collect from or about you.
This Notice explains
Who we are, how we use your information and information about our Data Protection Officer?
What kinds of personal information about you do we process?
What are the legal grounds for our processing of your personal information (including when we share it with others)?
What should you do if your personal information changes?
For how long your personal information is retained by us?
What are your rights under data protection laws?
The General Data Protection Regulation (GDPR) and the Data Protection Act 2018 became law on 25th May 2018. The GDPR is a single EU-wide regulation on the protection of confidential and sensitive information, the DPA 2018 deals with elements of UK law that differ from the European Regulation. These came into force in the UK on the 25th May 2018, repealing the previous Data Protection Act (1998).
For the purpose of applicable data protection legislation (including but not limited to the General Data Protection Regulation (Regulation (EU) 2016/679) (the “GDPR”), and the Data Protection Act 2018 Autism Doctor responsible for your personal data is [Practice Name].
This Notice describes how we collect, use and process your personal data, and how, in doing so, we comply with our legal obligations to you. Your privacy is important to us, and we are committed to protecting and safeguarding your data privacy rights.
How we use your information and the law
Autism Doctor will be what’s known as the ‘Controller’ of the personal data that you provide to us.
We collect basic personal data about you and your child which does include special types of information and location-based information. This does include name, date of birth, address, medical conditions, contact details such as email and mobile number etc.
We will collect sensitive confidential data known as “special category personal data”, in the form of health information, religious belief (if required in a healthcare setting), ethnicity, and gender during the services we provide to you and or linked to your healthcare through other health providers or third parties.
Why do we need your information?
The health care professionals who provide you with care maintain records about your child’s health and any treatment or care that your child has received previously (e.g. NHS Trust, GP Surgery, Walk-in clinic, private assessments etc.). In addition we may hold confidential information records about your child’s assessment by other non-health professionals. These records help to provide you with the best possible healthcare.
Our health records may be electronic, on paper or a mixture of both, and we use a combination of working practices and technology to ensure that your information is kept confidential and secure. Records which Autism Doctor holds about your child may include the following information;
Details about you and your child, such as your address, carer, legal representative, emergency contact details
Any contact Autism Doctor has had with you, such as appointments, clinic visits, telephone or video appointments, etc.
Notes and reports about your child’s health
Details about your child’s treatment and care
Results of investigations such as laboratory tests, x-rays etc.
Relevant information from other health professionals, relatives or those who care for your child
Contact details (including email address, mobile telephone number and home telephone number)
To ensure you receive the best possible care, your records are used to facilitate the care your child receives, including contacting you. Information held about your child may be used to help protect the health of the public and to help us manage the services we provide. Information may be used within the Autism Doctor for clinical audit to monitor the quality of the service provided.
How do we lawfully use your data?
We need to know your personal, sensitive and confidential data in order to provide you with Healthcare services as a General Practice, under the General Data Protection Regulation we will be lawfully using your information in accordance with:
Article 6, e) processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;”
Article 9, (h) processing is necessary for the purposes of preventive 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
This Privacy Notice applies to the personal data of our patients and the data you have given us about your child/carers/family members.
Autism Doctor may conduct Medicines Management Reviews of medications prescribed to its patients. This service performs a review of prescribed medications to ensure patients receive the most appropriate, up to date and cost-effective treatments.
Autism Doctor will contact you to provide feedback on the services you have received while in our care via email or your phone.
Autism Doctor is dedicated to ensuring that the principles and duties of safeguarding adults and children are holistically, consistently and conscientiously applied with the wellbeing of all, at the heart of what we do.
Our legal basis for processing For the General Data Protection Regulation (GDPR) purposes is: –
Article 6(1)(e) ‘…exercise of official authority…’.
For the processing of special categories data, the basis is: –
Article 9(2)(b) – ‘processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law…’
Medicines and medical device monitoring: Article 6(e) and Article 9(2)(i) – public interest in the area of public health.
Categories of personal data
The data collected by Autism Doctor Staff in the event of a safeguarding situation will be as much personal information as is necessary or possible to obtain in order to handle the situation. In addition to some basic demographic and contact details, we will also process details of what the safeguarding concern is. This is likely to be special category information (such as health information).
Sources of the data
Autism Doctor will either receive or collect information when someone contacts the organisation with safeguarding concerns, or we believe there may be safeguarding concerns and make enquiries to relevant providers.
Recipients of personal data
The information is used by the Practice when handling a safeguarding incident or concern. We may share information accordingly to ensure duty of care and investigation as required with other partners such as local authorities, the police or healthcare professionals (i.e. their GP or mental health team).
Third party processors
In order to deliver the best possible service, Autism Doctor will share data (where required) with other NHS bodies such as other GP practices and hospitals, private healthcare providers etc.
In addition, Autism Doctor will use carefully selected third party service providers. When we use a third party service provider to process data on our behalf then we will always have an appropriate agreement in place to ensure that they keep the data secure, that they do not use or share information other than in accordance with our instructions and that they are operating appropriately. Examples of functions that may be carried out by third parties includes:
Companies that provide IT services & support, including our core clinical systems; systems which manage patient facing services (such as our website and service accessible through the same); data hosting service providers; systems which facilitate appointment bookings or electronic prescription services; document management services etc.
Delivery services (for example if we were to arrange for delivery of any medicines to you).
Payment providers (to obtain payment).
Insurance Providers that have authorised your child’s assessment.
Further details regarding specific third-party processors can be supplied on request.
How do we maintain the confidentiality of your records?
We are committed to protecting your privacy and will only use information collected lawfully in accordance with:
Data Protection Act 2018
The General Data Protection Regulations 2016
Human Rights Act 1998
Common Law Duty of Confidentiality
Health and Social Care Act 2012
NHS Codes of Confidentiality, Information Security and Records Management
Information: To Share or Not to Share Review
Every member of staff who works for Autism Doctor has a legal obligation to keep information about you confidential in accordance with their own Regulatory Bodies.
We will only ever use or pass on information about you if others involved in your care have a genuine need for it. We will not disclose your information to any third party without your permission unless there are exceptional circumstances (i.e. life or death situations), where the law requires information to be passed on and / or in accordance with the information sharing principle following Dame Fiona Caldicott’s information sharing review (Information to share or not to share) where “The duty to share information can be as important as the duty to protect patient confidentiality.” This means that health and social care professionals should have the confidence to share information in the best interests of their patients within the framework set out by the Caldicott principles.
Our practice policy is to respect the privacy of our patients, their families and our staff and to maintain compliance with the General Data Protection Regulations (GDPR) and all UK specific Data Protection Requirements. Our policy is to ensure all personal data related to our patients will be protected.
All employees and sub-contractors engaged by our practice are asked to sign a confidentiality agreement. The practice will, if required, sign a separate confidentiality agreement if the client deems it necessary. If a sub-contractor acts as a data processor for [Practice Name] an appropriate contract (art 24-28) will be established for the processing of your information. All colleagues working as a team for your child’s care are also obligated to maintain confidentiality in accordance with their own Regulatory Bodies.
In certain circumstances you may have the right to withdraw your consent to the processing of data. Under some circumstances we may need to store your data after your consent has been withdrawn to comply with a legislative requirement.
Please contact the Data Protection Officer in writing if you wish to withdraw your consent at firstname.lastname@example.org
Where do we store your information Electronically?
All the personal data we process is processed by our staff in the UK however for the purposes of IT hosting and maintenance this information may be located on servers in other parts of the world.
Who may we share the information with?
We may also have to share your information, subject to strict agreements on how it will be used, with the following organisations;
NHS Trusts / Foundation Trusts
Primary Care Network
Independent Contractors such as doctors, dentists, opticians, pharmacists, therapists
Private Sector Providers
Voluntary Sector Providers
Clinical Commissioning Groups
Social Care Services
NHS England (NHSE) and NHS Digital (NHSD)
Multi Agency Safeguarding Hub (MASH)
Fire and Rescue Services
Police & Judicial Services
Voluntary Sector Providers
Private Sector Providers
Other ‘data processors’ which you will be informed of
You will be informed who your data will be shared with and in some cases asked for consent for this to happen when this is required.
To provide around the clock safe care, unless you have asked us not to, we will make information available to trusted organisations. Wherever possible, their staff will ask your consent before your information is viewed.
We consider patient consent as being the key factor in dealing with your health information.
Shared Care Records
To support your care and improve the sharing of relevant information to our partner organisations when they are involved in looking after you, we will share information to other systems. The general principle is that information is passed to these systems unless you request this does not happen, but that system users should ask for your consent before viewing your record.
We may also use external companies to process personal information, such as for archiving purposes. These companies are bound by contractual agreements to ensure information is kept confidential and secure. All employees and sub-contractors engaged by our practice are asked to sign a confidentiality agreement. If a sub-contractor acts as a data processor for Autism Doctor, an appropriate contract will be established for the processing of your information.
Sharing your information without consent
We will normally ask you for your consent, but there are times when we may be required by law to share your information without your consent, for example:
where there is a serious risk of harm or abuse to your child, you or other people;
where a serious crime, such as assault, is being investigated or where it could be prevented;
where we encounter infectious diseases that may endanger the safety of others, such as meningitis or measles (but not HIV/AIDS);
where a formal court order has been issued;
where there is a legal requirement
How long will we store your information?
We are required under UK law to keep your information and data for the full retention periods as specified by the NHS Records management code of practice for health and social care and national archives requirements.
More information on records retention can be found online at (https://digital.nhs.uk/article/1202/Records-Management-Code-of-Practice-for-Health-and-Social-Care-2016)
How can you access, amend move the personal data that you have given to us?
Even if we already hold your personal data, you still have various rights in relation to it. To get in touch about these, please contact us. We will seek to deal with your request without undue delay, and in any event in accordance with the requirements of any applicable laws. Please note that we may keep a record of your communications to help us resolve any issues which you raise.
Right to object: If we are using your data because we deem it necessary for our legitimate interests to do so, and you do not agree, you have the right to object. We will respond to your request within 30 days (although we may be allowed to extend this period in certain cases). Generally, we will only disagree with you if certain limited conditions apply.
Right to withdraw consent: Where we have obtained your consent to process your personal data for certain activities (for example for a research project), or consent to market to you, you may withdraw your consent at any time.
Right to erasure: In certain situations (for example, where we have processed your data unlawfully), you have the right to request us to “erase” your personal data. We will respond to your request within 30 days (although we may be allowed to extend this period in certain cases) and will only disagree with you if certain limited conditions apply. If we do agree to your request, we will delete your data but will generally assume that you would prefer us to keep a note of your name on our register of individuals who would prefer not to be contacted. That way, we will minimise the chances of you being contacted in the future where your data are collected in unconnected circumstances. If you would prefer us not to do this, you are free to say so.
Access to your personal information
Data Subject Access Requests (DSAR): You have a right under the Data Protection legislation to request access to view or to obtain copies of what information the surgery holds about you and to have it amended should it be inaccurate. To request this, you need to do the following:
Your request should be made to Autism Doctor in writing to email@example.com
There is no charge to have a copy of the information held about you if they are being sent digitally.
We are required to respond to you within one month
You will need to give adequate information (for example full name, address, date of birth, NHS number and details of your request) so that your identity can be verified, and your records located information we hold about you at any time. The partners have a form to collect from reception, “Access to Medical Records”
What should you do if your personal information changes?
You should tell us so that we can update our records please contact the Autism Doctor as soon as any of your details change, this is especially important for changes of address or contact details (such as your mobile phone number) to confirm that the information we currently hold is accurate and up-to-date.
Objections / Complaints
Should you have any concerns about how your information is managed at Autism Doctor, please contact the the Data Protection Officer as above. If you are still unhappy following a review, you have a right to lodge a complaint with a supervisory authority: You have a right to complain to the UK supervisory Authority as below.
Tel: 01625 545745
If you are happy for your data to be extracted and used for the purposes described in this privacy notice, then you do not need to do anything. If you have any concerns about how your data is shared, then please contact the Practice Data Protection Officer.
If you would like to know more about your rights in respect of the personal data we hold about you, please contact the Data Protection Officer
It is important to point out that we may amend this Privacy Notice from time to time. Please refer to our website from time to time for details.
We take reasonable efforts to secure and protect the privacy, accuracy, and reliability of your personal information and protect it from unauthorized access, misuse, alteration, and loss.