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The General Data Protection Regulation (GDPR) is a new law that determines how your personal data is processed and kept safe, and the legal rights that you have in relation to your own data.
The regulation was applied on 25th May 2018, and will apply even after the UK leaves the EU.
What GDPR will mean for patients
The GDPR sets out the key principles about processing personal data, for staff or patients;
- Data must be process lawfully, fairly and transparently
- It must be collected for specific, explicit and legitimate purposes
- It must be limited to what is necessary for the purposes for which it is processed
- Information must be accurate and kept up to date
- Data must be held securely
- It can only be retained for as long as is necessary for the reasons it was collected
There are also stronger rights for patients regarding the information that practices hold about them. These include;
- Being informed about how their data is used
- Patients to have access to their own data
- Patients can ask to have incorrect information changed
- Restrict how their data is used
- Move their patient data from one health organisaton to another
- The right to object to their patient information being processed (in certain circumstances)
What is GDPR
GDPR stands for General Data Protection Regulations and is a new piece of legislation that will supersede the Data Protection Act. It will not only apply to the UK and EU; it covers anywhere in the world in which data about EU citizens is processed.
The GDPR is similar to the Data Protection Act (DPA) 1998 (which the practice already complies with), but strengthens many of the DPA’s principles. The main changes are:
- Practices must comply with subject access requests
- Where we need your consent to process data, this consent must be freely given, specific, informed and unambiguous
- There are new, special protections for patient data
- The Information Commissioner’s Office must be notified within 72 hours of a data breach
- Higher fines for data breaches – up to 20 million euros
What is 'patient data'?
Patient data is information that relates to a single person, such as his/her diagnosis, name, age, earlier medical history etc.
What is consent?
Consent is permission from a patient – an individual’s consent is defined as “any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed.”
The changes in GDPR mean that we must get explicit permission from patients when using their data. This is to protect your right to privacy, and we may ask you to provide consent to do certain things, like contact you or record certain information about you for your clinical records.
Individuals also have the right to withdraw their consent at any time.
GDPR/Privacy Notices
Coronavirus (COVID-19) pandemic and your information
We have an obligation to protect all our staff and employees’ health. For this reason, it is reasonable for us to ask you to tell us if you are experiencing COVID-19 symptoms. In such circumstances we may need to collect specific health data about you. Where we need to do so, we will not collect more information than we require and we will ensure that any information collected is treated with the appropriate safeguards.
It is unlikely that the practice will be asked to share information with authorities about you specifically but if this is necessary then data protection law will allow us to do so.
Please be aware that we may use new providers or suppliers to help us quickly adapt during the outbreak and to continue your care effectively. For example, we may use a new provider for video consultations. We may not be able to add these to our transparency materials right away, and we apologise for this but please be assured that all of our processors are bound by contract to protect your data.
During COVID-19 we may ask you to send a photograph of your bruise or skin condition that you are concerned about whilst we conduct virtual consultations. This photograph will be used by the clinician to determine any medical treatment necessary and will be added to your medical record.
Please note that as this is sent via email, it may not be secure and we therefore ask that you only include your NHS number alongside your photograph in the email. The photograph should only be of the area requested and no other person should be visible in the shot.
Your Information
Your practice takes privacy seriously and we want to provide you with information about your rights, who we share your information with and how we keep it secure.
Please use the links below to find more information about the practice and data protection:
- Our data protection videos
- Your Information
- Children and Young People
- What We Do with Your Information
- What Else Do We Use Your Information For?
- Sharing When Required by Law
- Information Rights
- Case Finding and Profiling
- Norfolk Sharing Partners
- Information Technology
- Keeping Your Information Safe
- How Long Do We Keep Your Information?
- Our Use of CCTV
- Our Use of Telephone Recording
- Our Use of Eclipse
- Norfolk Primary Care Networks
- Norfolk and Waveney Integrated Care System - Privacy Notice for Secondary Use of Data
- Provider Processors