About Hawthorn Surgery
Annual Statement Infection Prevention and Control
Please click here to read our Annual Report.
Confidentiality and GDPR
Who is responsible for my information?
Hawthorn Surgery is the data controller for your information and is responsible for looking after your record while you are a registered patient. The persons with the key responsibility for data protection and security at the practice are Dr Angela Stonelake and Mrs Amanda Nelson as the Practice Manager.
The Data Protection Officer for Hawthorn Surgery is Louise Whitworth. Her email address is [email protected]
Any queries or concerns should be raised with the practice first.
Why do we collect information about you? As health professionals, we maintain records about you in order to support your care. By registering with the practice, your existing records will be transferred to us from your previous practice so that we can keep them up to date while you are our patient. If you do not have a previous medical record (a new-born child or coming from overseas, for example), we will create a medical record for you. We take great care to ensure that your information is kept securely, that it is up to date, accurate and used appropriately. All of our staff are trained to understand their legal and professional obligations to protect your information and will only look at your information if they need to.
What information do we hold about you?
- Details about you, such as your name, address, carers, biological gender, gender identity, ethnic origin, date of birth, legal representatives and emergency contact details
- Any contact the surgery has had with you, such as appointments, clinic visits, emergency appointments, etc.
- Notes and reports about your health
- Details about your 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 you
How is my information stored?
Our practice uses a clinical records programme called SystmOne which is where any electronic information about you will be stored. Any information held in paper records is stored securely at the practice. This is in a designated secure area or within locked rooms and cupboards at the practice. We use a combination of working practices and technology to ensure that your information is kept confidential and secure.
What is the legal basis that we use to process your information?
We are required to tell you the legal basis that is used for the various ways we process and use your data. The following table sets the main ways your personal data may be used and the corresponding legal basis and category of data. Each purpose is covered in more detail within this notice to explain what these mean in more practical terms.
Purpose of using personal data | Legal basis of processing | Special category of data |
Provision of direct care and related administrative purposese.g., e-referrals to hospitals or other care providers | GDPR Article 6(1)(e) – the performance of a task carried out in the public interest | GDPR Article 9(2)(h) – medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems. |
For commissioning and healthcare planning purposese.g., collection of mental health data set via NHS Digital or local | GDPR Article 6(1)(c) – compliance with a legal obligation | GDPR Article 9(2)(h) – medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems.Special category 9(2)(i) – public interest in the area of public health |
For planning and running the NHS (other mandatory flow)e.g., CQC powers to require information and records | GDPR Article 6(1)(c) – compliance with a legal obligation (the GP practice)Regulation 6(1)(e) – the performance of a task carried out in the public interest (CQC) | GDPR Article 9(2)(h) – medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems.Special category 9(2)(i) – public interest in the area of public health |
For planning & running the NHS – national clinical audits | GDPR Article 6(1)(e) – the performance of a task carried out in the public interest | GDPR Article 9(2)(h) – medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems.Special category 9(2)(i) – public interest in the area of public health |
For research | GDPR Article 6(1)(f) – legitimate interests…except where such interests are overridden by the interest or fundamental rights and freedoms of the data subject.GDPR Article 6(1)(e) – the performance of a task carried out in the public interestGDPR Article 6(1)(a) – explicit consent | GDPR Article 9(2)(j) – scientific or historical research purposes or statistical purposes |
For safeguarding or other legal duties | GDPR Article 6(1)(e) – the performance of a task carried out in the public interestRegulation 6(1)(c) – compliance with a legal obligation | GDPR Article 9(2)(b) – purposes of carrying out the obligations of ..social protection law. |
When you request us to share your information e.g., subject access requests | GDPR Article 6(1)(a) – explicit consent | GDPR Article 9(1)(a) – explicit consent |
When is my information shared?
We are committed to protecting your privacy and will only use information collected lawfully in accordance with:
- Data Protection legislation
- 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
How long does the practice hold my information?
As long as you are registered as a patient with Hawthorn Surgery, your paper records are held at the practice along with your GP electronic record. If you register with a new practice, they will initiate the process to transfer your records. The electronic record is transferred to the new practice across a secure NHS data-sharing network and all practices aim to process such transfers within a maximum of 8 working days. The paper records are then transferred via Primary Care Services England (operated on behalf of NHS England by Capita) which can take longer. Primary Care Services England also look after the records of any patient not currently registered with a practice and the records of anyone who has died.
Once your records have been forwarded to your new practice (or after your death forwarded to Primary Care Services England), a cached version of your electronic record is retained in the practice and classified as “inactive”. If anyone has a reason to access an inactive record, they are required to formally record that reason and this action is audited regularly to ensure that all access to inactive records is valid and appropriate. We may access this for clinical audit (measuring performance), serious incident reviews, or statutory report completion (e.g., for HM Coroner).
Change of Details It is important that you tell the person treating you if any of your details such as your name or address have changed or if any of your details such as date of birth is incorrect in order for this to be amended. You have a responsibility to inform us of any changes so our records are accurate and up to date for you.
How can I see what information you hold about me? You have a right under data protection legislation to request to see what information the practice holds about you. You also have the right to ask for inaccuracies to be corrected and in some circumstances you have the right to request that we stop processing your data. Some of these rights are not automatic and we reserve the right to discuss with you why we might not comply with a request from you to exercise them.
If you make a Subject Access Request, we will:
- describe the information we hold about you
- tell you why we are holding that information
- tell you who it might be shared with
- at your request, provide a copy of the information in an easy to read form.
In order to request this, you need to do the following:
- Your request must be made in writing – for information from the hospital you should write direct to them
- We will provide electronic copies (via online access, by email or on CDROM) free of charge.
- We are required to respond to you within 1 month.
You will need to give enough 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.
In some circumstances there may be a charge to have a printed copy of the information held about you. If this is the case, this will be discussed with you before any charge is made.
If you would like to make a Subject Access Request or have any further questions, please contact the surgery in the first instance on 0113 275 1248.
HOW IS MY INFORMATION USED?
For provision of direct care: In the practice, individual staff will only look at what they need in order to carry out such tasks as booking appointments, making referrals, giving health advice or provide you with care.
Sometimes your information may be used to run automated calculations. These can be as simple as calculating your Body Mass Index but they can be more complex and used to calculate some risks to your health that we should consider with you. The ones we use in practice include Qrisk (cardiovascular risk assessment – usually following an NHS Healthcheck), Qdiabetes (diabetes risk assessment) and eFI (electronic frailty index). Whenever we use these profiling tools, we assess the outcome on a case-by-case basis. No decisions about individual care are made solely on the outcomes of these tools but they are used to help us assess and discuss your possible future health and care needs with you.
We share information about you with other health professionals where they have a genuine need for it to support your care, as follows.
Recipient of data | Reason |
Leeds Hospital Foundation Trust | Secondary or emergency care |
Other national providers of health care who you choose to be referred to, in consultation with your healthcare professional | Secondary or specialist care |
Leeds & York Partnership Foundation Trust | Mental health & learning disability services |
Mid-Yorkshire Hospitals Trust | Diabetic eye-screening services |
Leeds Community Healthcare Trust | District Nursing services |
NHS National Diabetes Prevention Programme | Information and lifestyle education |
Local Care Direct | Out of Hours primary care provider |
Leeds City Council | Social Care services |
Connect Well | Social prescribing |
Reed Momenta | Provider of One You Leeds services |
Forward Leeds partnership | Provider of Forward Leeds drug & alcohol services |
Leeds West Primary Care Confederation | Provider of extended access appointments over the telephone and at local hubs. |
For commissioning and healthcare planning purposes:
In some cases, for example when looking at population healthcare needs, some of your data may be shared (usually in such a way that you cannot be identified from it). The following organisations may use data in this way to inform policy or make decisions about general provision of healthcare, either locally or nationally.
- Leeds City Council: Public Health, Adult or Child Social Care Services
- Embed Health Consortium (NHS commissioning support unit)
- Leeds Clinical Commissioning Group
- NHS Digital (Formerly known as (HSCIC)
- The “Clinical Practice Research Datalink” (EMISWeb practices) or ResearchOne Database (SystmOne practices).
- Other data processors which you will be informed of as appropriate.
In order to comply with its legal obligations we may send data to NHS Digital when directed by the Secretary of State for Health under the Health and Social Care Act 2012.
This practice contributes to national clinical audits and will send the data which are required by NHS Digital when the law allows. This may include demographic data, such as date of birth, and information about your health which is recorded in coded form, for example, the clinical code for diabetes or high blood pressure.
For research purposes:
Research data is usually shared in a way that individual patients are non-identifiable. Occasionally where research requires identifiable information you may be asked for your explicit consent to participate in specific research projects. The surgery will always gain your consent before releasing any information for this purpose.
Where specific information is asked for, such as under the National Diabetes audit, you have the choice to opt of the audit. Please inform the practice if you wish to do this.
For safeguarding purposes, life or death situations or other circumstances when we are required to share information:
We may also disclose your information to others in exceptional circumstances (ie life or death situations) or in accordance with Dame Fiona Caldicott’s information sharing review (Information to share or not to share).
For example, your information may be shared in the following circumstances:
- When we have a duty to others e.g. in child protection cases
- Where we are required by law to share certain information such as the birth of a new baby, infectious diseases that may put you or others at risk or where a Court has decided we must.
When you request to see your information or ask us to share it with someone else: If you ask us to share your data, often with an insurance company, solicitor, employer or similar third party, we will only do so with your explicit consent. Usually the requesting organisation will ask you to confirm your consent, often in writing or electronically. We check that consent before releasing any data and you can choose to see the information before we send it.
Please see the section Sharing your Information for more details of how your personal data is shared electronically within the NHS locally & nationally and your choices about being included in these sharing agreements.
OBJECTIONS/CONCERNS/COMPLAINTS If you are happy for your data to be extracted and used for the purposes described in this notice then you do not need to do anything.
Should you have any concerns about how your information is managed at the practice, please contact The Practice Manager. If you are still unhappy following a review by the GP practice, you can then complain to the Information Commissioners Office (ICO) via their website www.ico.org.uk, [email protected], telephone: 0303 123 1113 (local rate) or 01625 545 745
How can be my information be viewed outside of Hawthorn Surgery Your health information can be shared both locally and nationally at differing levels of detail.
For direct care locally in Leeds: Leeds Care Record Patients in Leeds are able to benefit from the sharing of information via the Leeds Care Record. This shares contact details, diagnosis list, medications, allergies, test results, referrals & letters and care plans between health professionals in Leeds. Information is shared by GP practices, the Hospital trusts, Community and Mental Health services, and Social Care.
You have the right to object to your Leeds Care Record being shared by contacting them directly. Details are available via their website https://www.leedscarerecord.org/
You can opt in and out of these sharing agreements whenever you choose. Details of these schemes are as follows:
Nationally for direct care: Summary Care Record – sharing your information for your care across the NHS. Your core Summary Care Record is created when you register at a GP practice (although you should be given the option to opt in/out during your registration). If you do not express a preference, it is currently assumed that your consent is implied.
The Summary Care Record shares only your contact details, medications and allergies with other healthcare professionals involved in your care.
You can also choose to share a Summary Care Record with Additional Information. This shares contact details, medications, allergies, diagnosis list, care plans, end of life care and immunisations with other healthcare professionals. Sensitive data is excluded. A Summary Care Record with Additional Information will only be created for you if you explicitly choose this option. Only the most up to date information is shared for each category (EMISWeb). All current and past information is shared for each category (SystmOne).
Choosing to share a summary care record with additional information is thought to be of great benefit if you are admitted to hospital locally or elsewhere in the UK.
You can opt out of sharing any of your information in a Summary Care Record. If you decide not to share this will not affect your entitlement to care. However, it could result in the delivery of your care being less efficient as other health professionals will not have access to these parts of your medical history.
You can change your mind about your Summary Care Record at any time.
To register or change your Summary Care Record preferences, please contact the surgery on 0113 2954770.
Nationally: The national data-out. For purposes beyond direct care.
NHS Digital is developing a new system to support the national data opt-out which will give patients more control over how identifiable health and care information is used for reasons other than your individual care and treatment. The system will offer patients and the public the opportunity to make an informed choice about whether they wish their personally identifiable data to be used for purposes beyond their direct care such as research and planning purposes. In the past, you may have already chosen to prevent your identifiable data leaving NHS Digital, known as a Type 2 opt-out. All existing Type 2 opt-outs will be converted to the new national data opt-out and this will be confirmed by a letter to all individuals aged 13 or over with an existing Type 2 in place. Once the national data opt-out is launched, it will no longer be possible to change preferences via local GP practices.
The national data opt-out is due to be launched on 25 May 2018.
More information is available via https://digital.nhs.uk/services/national-data-opt-out-programme
More information about health and care records in general can be found on the NHS Choices website.
If you have any queries or concerns about how your information is handled, please do not hesitate to contact the surgery on 0113 2954770 for further information.
Enhanced data sharing model
Data shared with who and why?
Many GP practices in [Your area], the out of hours on-call Doctor service and any other organisation who uses the S1 clinical system.
This means that if we refer you to a service that is already using S1, the person you go and see will have access to your full GP record and visa versa. This allows for safer care and means you have to repeat your storey less often.
What is shared?
All data unless specific items are marked as private.
How is the data shared?
Access is restricted to NHS Smartcard holders in Hospitals, Out of Hours Services, Community Health and GPs.
How is consent given?
Initial implied consent with explicit consent for a share in and out at each organisation.
How do I get more information?
For further detailed information on how the record sharing works in our system please read the TPP patient leaflet.
We are in the process of asking your sharing preferences regarding your full detailed electronic record. We are telling you about this, as you have a choice to make. You can choose to share or not to share your full electronic record with other NHS care services where you are treated and whether we can view records held by those other services.
If you choose to make your record shareable, your clinical details will only viewable by clinical teams who are treating you.
Each clinical team which cares for you now or in the future will ask your permission to view your shared record. You can also ask for part of your record to be made private – not shareable. All record accesses are recorded and auditable. If you choose not to make your records shareable, we will respect your wishes and will do our best to make your care safe and efficient. However, denying the clinical teams caring for you the ability to access important clinical details could compromise your care.
You Have Two Choices:
-
- Sharing Out – This controls whether your full electronic patient record can be shared with other NHS care services where you are treated.
Let us know if your records should be Shareable or Not Shareable.
-
- Sharing In – This controls whether you agree for this service to view the information you’ve agreed to share at other NHS care services.
Let us know if we can view your shared record from elsewhere or if you do not want it to be viewable to us.
In the event of an emergency: In certain circumstances, such as if you are unconscious or there is a court order, healthcare staff may look at your record without asking you. If they have to do this, a note will be made on your record. If we share information without your permission, we will make sure that we keep to the Data Protection Act 1998, the NHS confidentiality code of practice and other national guidelines on best practice.
Freedom of information
Introduction
This Publication Scheme is a complete guide to the information routinely made available to the public by Hawthorn Surgery. It is a description of the information about our Doctors and the Practice, which we make publicly available. It will be reviewed at regular intervals and we will monitor its effectiveness.
How much does it cost?
The publications are all free unless otherwise indicated within each Class. (Where information is provided at a cost the charges are as below).
How is the information made available?
The information within each Class is currently available via this website, in our information folder in reception and can be requested in hard copy from reception (There will be a small charge for photocopies of documents).
Your rights to information
In addition to accessing the information identified in the Publication Scheme, you are entitled to request information about the practice and the partners under the NHS Openness Code 1995.
The Freedom of Information Act 2000 recognises that members of the public have the right to know how public services are organised and run, how much they cost and how the decisions are made.
From January 1st 2005 General Practitioners have been obliged to respond to requests about information that they hold, that is recorded in any format. These rights are subject to some exemptions, which have to be taken into consideration before deciding what information can be released.
Under the Data Protection Act 1998, you are also entitled to access your clinical records or any other personal information held about you and you can contact the practice secretary to do this.
Feedback
If you have any comments about the operation of the Publication Scheme, or how we have dealt with your request for information from the Scheme, please write to:
The Practice Manager
Hawthorn Surgery, Wortley Beck Health Centre, Ring Road, Leeds LS12 5SG Tel; 0113 2954770
Classes Of Information
All information at Hawthorn Surgery is held, retained and destroyed in accordance with NHS guidelines. Our commitment to publish information excludes any information, which can be legitimately withheld under the exemptions set out in the NHS Openness Code or Freedom of Information Act 2000. Where individual Classes are subject to exemptions, the main reasons are for the protection of commercial interests and personal information under the Data Protection Act 1998. This applies to all Classes within the Publication Scheme. The information on this Scheme is grouped into the following broad categories:
Who We Are
Details of the practice, organisational structures and key personnel can be found in the practice profile in our patient information folder. The practice adheres to the National General Medical Services contract. The contract is with the NHS England.
The practice aims to follow National Institute for Clinical Excellence (NICE) and National Health Service guidelines. Copies of these can be found on the NICE website or the Department of Health website.
The NHS is a very large part of the public sector. It is possible to find out information about practices, Primary Care Trusts and other NHS services in your area by using NHS Choices Website. A full list of local General Practices can also be found there.
The full names of the GPs are listed in the introduction to this scheme, the practice leaflet and practice profile. As can be seen from the profile we employ a Practice Manager, Practice Nurses and a full range of administrative staff.
Our Services
The range of services we provide includes:
- Cervical cytology
- Child health surveillance
- Contraceptive services
- Immunisations
- Chronic disease management
- Minor Surgery
- Access to district nurse, midwife and health visitor
- Out of hours cover is currently provided by Local Care Direct
Financial information
Funding details and charging policies:
- The practice receives money from NHS England according to its contract in exchange for providing services for patients.
- The practice also charges for certain services which are not provided within the NHS.
Regular publications and information for the public
Guidance and information leaflets
Complaints
If you wish to make a complaint about any aspect of our service you should first contact:
The Practice Manager
Hawthorn Surgery
Wortley Beck Health Centre
Ring Road Leeds LS12 5SG
Tel; 0113 2954770
The complaints procedure can be found on this website, and on the notice board in reception.
Our policies and procedures
Policies and procedures for use within the practice include, but are not restricted to: data protection; prescribing and prescription; and health and safety.
This Publication Scheme
In this class, we will publish any changes we make to this Publication Scheme, the criteria on which our information management policies are made and a referral point for all enquiries regarding information management. We will also publish any proposed changes or additions to publications already available.
Cost of Information
We will charge you only for hard copies or the transfer of media onto external devices. Some information is available free, but for others, there may be a charge. The charges will vary according to how information is made available. Charges are as follows:
- Via the practice intranet – photocopying charges only.
- Leaflets – leaflets on services we offer to the public, health advice leaflets and information regarding complaints/suggestions and Access to data are available free of charge from reception and can be viewed in our patient information folders.
- “Glossy” or other bound paper copies, CD Rom, video or other mediums, are not currently available from the practice.
The charges will be reviewed regularly.
GP Earnings
All GP practices are required to declare their mean earnings (eg average pay) for GPs working to delivery NHS services to patients at each Practice. The mean earnings for GPs working in Hawthorn Surgery in the last financial year ending 31.3.23 was £40,506.
This is for 1 full time GPs, and 3 part time GPs who worked in the practice for more than six months. NHS England require that the net earnings of doctors engaged in the Practice are publicised and the required disclosure is shown above. However it should be noted that the prescribed method for calculating earnings is potentially misleading because it takes no account of how much time doctors spend working in the Practice, and should not be used to form any judgement about GP earnings, nor to make any comparisons with any other Practice.
Named accountable GP
Every patient at the practice is allocated a named, accountable GP. This ensures you have a ‘usual’ GP as a point of contact and to assist with continuity of care. You should always try and see your usual GP, especially for ongoing problems, however we understand this is not always possible which is why there are no restrictions on seeing other doctors.
It is possible to change your named GP at any time, please contact reception who will be happy to help.
National diabetes audit
This GP practice is taking part in the National Diabetes Audit which is an important national project about diabetes care and treatment in the NHS.
This GP practice is taking part in an important national project about diabetes care and treatment in the NHS. The project is called the National Diabetes Audit (NDA).
To take part, your GP practice will share information about your diabetes care and treatment with the NDA. The type of information, and how it is shared, is controlled by law and enforced by strict rules of confidentiality and security.
For further information about how your information is used please see the NDA patient information leaflet. Taking part in the NDA shows that this GP practice is committed to improving care for people with diabetes.
If you do not want your information to be used, please inform the receptionist, your GP or nurse. This will not affect your care.
Non NHS Fees
Why do we sometimes charge fees?
The NHS provides health care free of charge, but there are exceptions.
It is important to understand that GPs are self-employed and offer their services to the NHS and they have to cover their costs eg. staff, buildings, heating, lighting, etc. The NHS covers these costs for NHS work, but not for non-NHS work.
The British Medical Association (BMA) suggests fees for non-NHS work which is not covered under a GP’s NHS contract. However, these fees are guidelines only, not recommendations, and a doctor is not obliged to charge the rates suggested.
Why can it take a long time to complete a form?
Time spent completing forms and preparing reports takes the GP away from the medical care of his or her patients. Most GPs have a very heavy NHS workload and this paperwork is done in around the patient care.
When a doctor signs a certificate or completes a report, it is a condition of remaining on the Medical Register that they only sign what they know to be true. In order to complete even the simplest of forms, therefore, the doctor might have to check the patient’s entire medical record. Carelessness or an inaccurate report can have serious consequences for the doctor.
Please contact reception for further information on non-NHS fees charged by Hawthorn Surgery.
Patient charter
Rights
- All patients registered at the practice have a named, accountable GP responsible for their overall care, but any patient can see any doctor or nurse they choose.
- Patients have the right to say if they would prefer to see a particular doctor or nurse and we will try to arrange this (as long as they are available). We understand that ‘continuity of care’ is important. Seeing the same nurse or doctor for a particular condition can make it easier to get the right diagnosis and plan your treatment/management better.
- Registered patients are invited to have a health check from time to time. We hope you will take up this service.
- We also offer all patients over 40 an NHS Health Check every 5 years. Please contact reception to discuss this.
- Patients have the right to see their own health records, subject to the terms of the Data Protection Act.
Responsibilities
- Please arrive on time for your appointment. That way clinics are more likely to run on time.
- Please inform the practice if you can’t make an appointment or if the appointment is no longer necessary, so the slot can be offered to another patient.
- Please try and attend the surgery and do not make a request for a home visit unless absolutely necessary. Home visits are for housebound or seriously ill patients. In the time it takes to conduct 1 home visit we can typically see at least 4 patients at the surgery.
- Please make requests for repeat prescriptions in good time. We suggest at least 72 hours before you need more medication.
- Please co-operate with all practice staff and treat them courteously. They are trying to help you.
Privacy Notice: How we collect, look after and use your data
This notice explains how Hawthorn Surgery will collect, look after, use or otherwise process your personal data. “Personal data” is information relating to you as a living, identifiable individual.
HOW IS MY INFORMATION COLLECTED AND LOOKED AFTER?
Who is responsible for my information?
Hawthorn Surgery is the data controller for your information and is responsible for looking after your record while you are a registered patient. The people with the key responsibility for data protection and security are Dr Angela Stonelake (GP Partner) and Mrs A Nelson (Practice Manager).
The Data Protection Officer for Hawthorn Surgery is Aaron Linden. His email address is [email protected]
Any queries or concerns should be raised with the Practice first.
Why do we collect information about you?
As health professionals, we maintain records about you in order to support your care. By registering with the practice, your existing records will be transferred to us from your previous practice so that we can keep them up to date while you are our patient. If you do not have a previous medical record (a new-born child or coming from overseas, for example), we will create a medical record for you. We take great care to ensure that your information is kept securely, that it is up to date, accurate and used appropriately. All of our staff are trained to understand their legal and professional obligations to protect your information and will only look at your information if they need to.
What information do we hold about you?
- Details about you, such as your name, address, carers, biological gender, gender identity, ethnic origin, date of birth, legal representatives and emergency contact details
- Any contact the surgery has had with you, such as appointments, clinic visits, emergency appointments, etc.
- Notes and reports about your health
- Details about your 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 you
How is my information stored?
Our Practice uses a clinical records programme called Systm One which is where any electronic information about you will be stored. Any information held in paper records is stored securely at the Practice. We use a combination of working practices and technology to ensure that your information is kept confidential and secure.
What is the legal basis that we use to process your information?
We are required to tell you the legal basis that is used for the various ways we process and use your data. The following table sets the main ways your personal data may be used and the corresponding legal basis and category of data. Each purpose is covered in more detail within this notice to explain what these mean in more practical terms.
Purpose of using personal data | Legal basis of processing | Special category of data |
Provision of direct care and related administrative purposes
e.g., e-referrals to hospitals or other care providers |
GDPR Article 6(1)(e) – the performance of a task carried out in the public interest | GDPR Article 9(2)(h) – medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems. |
For commissioning and healthcare planning purposes
e.g., collection of mental health data set via NHS Digital or local
|
GDPR Article 6(1)(c) – compliance with a legal obligation
|
GDPR Article 9(2)(h) – medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems.
Special category 9(2)(i) – public interest in the area of public health |
For planning and running the NHS (other mandatory flow)
e.g., CQC powers to require information and records |
GDPR Article 6(1)(c) – compliance with a legal obligation (the GP practice)
Regulation 6(1)(e) – the performance of a task carried out in the public interest (CQC) |
GDPR Article 9(2)(h) – medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems.
Special category 9(2)(i) – public interest in the area of public health |
For planning & running the NHS – national clinical audits | GDPR Article 6(1)(e) – the performance of a task carried out in the public interest | GDPR Article 9(2)(h) – medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems.
Special category 9(2)(i) – public interest in the area of public health |
For research | GDPR Article 6(1)(f) – legitimate interests…except where such interests are overridden by the interest or fundamental rights and freedoms of the data subject.
GDPR Article 6(1)(e) – the performance of a task carried out in the public interest GDPR Article 6(1)(a) – explicit consent |
GDPR Article 9(2)(j) – scientific or historical research purposes or statistical purposes |
For safeguarding or other legal duties | GDPR Article 6(1)(e) – the performance of a task carried out in the public interest
Regulation 6(1)(c) – compliance with a legal obligation |
GDPR Article 9(2)(b) – purposes of carrying out the obligations of ..social protection law. |
When you request us to share your information e.g., subject access requests | GDPR Article 6(1)(a) – explicit consent | GDPR Article 9(1)(a) – explicit consent |
When is my information shared?
We are committed to protecting your privacy and will only use information collected lawfully in accordance with:
- Data Protection legislation
- 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
How long does the practice hold my information?
As long as you are registered as a patient with Hawthorn Surgery your paper records are held at the Practice along with your GP electronic record. If you register with a new Practice, they will initiate the process to transfer your records. The electronic record is transferred to the new Practice across a secure NHS data-sharing network and all Practices aim to process such transfers within a maximum of 8 working days. The paper records are then transferred via Primary Care Services England (operated on behalf of NHS England by Capita) which can take longer. Primary Care Services England also look after the records of any patient not currently registered with a practice and the records of anyone who has died.
Once your records have been forwarded to your new Practice (or after your death forwarded to Primary Care Services England), a cached version of your electronic record is retained in the Practice and classified as “inactive”. If anyone has a reason to access an inactive record, they are required to formally record that reason and this action is audited regularly to ensure that all access to inactive records is valid and appropriate. We may access this for clinical audit (measuring performance), serious incident reviews, or statutory report completion (e.g., for HM Coroner).
Change of Details
It is important that you tell the person treating you if any of your details such as your name or address have changed or if any of your details such as date of birth is incorrect in order for this to be amended. You have a responsibility to inform us of any changes so our records are accurate and up to date for you.
How can I see what information you hold about me?
You have a right under data protection legislation to request to see what information the practice holds about you. You also have the right to ask for inaccuracies to be corrected and in some circumstances you have the right to request that we stop processing your data. Some of these rights are not automatic and we reserve the right to discuss with you why we might not comply with a request from you to exercise them.
If you make a Subject Access Request, we will:
- describe the information we hold about you
- tell you why we are holding that information
- tell you who it might be shared with
- at your request, provide a copy of the information in an easy to read form.
In order to request this, you need to do the following:
- Your request must be made in writing – for information from the hospital you should write direct to them
- We will provide electronic copies (via online access, by email or on CDROM) free of charge.
- We are required to respond to you within 1 month.
You will need to give enough 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.
In some circumstances there may be a charge to have a printed copy of the information held about you. If this is the case, this will be discussed with you before any charge is made.
If you would like to make a Subject Access Request or have any further questions, please contact our Practice Manager.
HOW IS MY INFORMATION USED?
For provision of direct care:
In the Practice, individual staff will only look at what they need in order to carry out such tasks as booking appointments, making referrals, giving health advice or provide you with care.
Sometimes your information may be used to run automated calculations. These can be as simple as calculating your Body Mass Index but they can be more complex and used to calculate some risks to your health that we should consider with you. The ones we use in Practice include Qrisk (cardiovascular risk assessment – usually following an NHS Healthcheck), and eFI (electronic frailty index). Whenever we use these profiling tools, we assess the outcome on a case-by-case basis. No decisions about individual care are made solely on the outcomes of these tools but they are used to help us assess and discuss your possible future health and care needs with you.
We share information about you with other health professionals where they have a genuine need for it to support your care, as follows.
Recipient of data | Reason |
Leeds Hospital Foundation Trust | Secondary or emergency care |
· Other national providers of health care who you choose to be referred to, in consultation with your healthcare professional | Secondary or specialist care |
Leeds & York Partnership Foundation Trust | Mental health & learning disability services |
Mid-Yorkshire Hospitals Trust | Diabetic eye-screening services |
Leeds Community Healthcare Trust | District Nursing services |
NHS National Diabetes Prevention Programme | Information and lifestyle education |
Local Care Direct | Out of Hours primary care provider |
Leeds City Council | Social Care services |
Connect Well | Social prescribing |
Reed Momenta | Provider of One You Leeds services |
Forward Leeds partnership | Provider of Forward Leeds drug & alcohol services |
Calibre Care Partners Ltd | Provider of extended access appointments over the telephone and at local hubs. |
Healthy.io – ACR project for patients with diabetes | A programme sponsored by NHS Digital to monitor urine albumin:creatinine ratio (ACR) annually for patients with diabetes. This enables patients with diabetes to test their kidney function from home. We will share your contact details with Healthy.io to enable them to contact you and confirm that you wish them to send you a test kit. This will help identify patients at risk of kidney disease and help us agree any early interventions that can be put in place for the benefit of your care. If you do not wish to take part in the service, you have the opportunity to decline when Healthy.io contact you. If you do not wish to receive any further information from Healthy.io then they will delete any data that they hold about you and we will continue to manage your care within the Practice. Further information about this is available at; https://lp.healthy.io/minuteful-info/ |
Primary Care Networks:
All practices in the UK are members of a Primary Care Network (PCN), which is a group of practices who have chosen to work together and with local community, mental health, social care, pharmacy, hospital and voluntary services to provide care to their patients.
PCNs are built on the core of current primary care services and enable greater provision of proactive, personalised, coordinated and more integrated health and social care.
We are members of the Bramley/Wortley/Middleton PCN (BWM PCN) along with Beech Tree Medical Centre, Whitehall Surgery, Bramley Village Health & Wellbeing Centre, and Middleton Park Surgery.
This arrangement means that practices within the same PCN may share data with other practices within the PCN, for the purpose of patient care (such as extended hours appointments and other services). Each practice within the PCN is part of a stringent data sharing agreement that means that all patient data shared is treated with the same obligations of confidentiality and data security.
For commissioning and healthcare planning purposes:
In some cases, for example when looking at population healthcare needs, some of your data may be shared (usually in such a way that you cannot be identified from it). The following organisations may use data in this way to inform policy or make decisions about general provision of healthcare, either locally or nationally.
- Leeds City Council: Public Health, Adult or Child Social Care Services
- Embed Health Consortium (NHS commissioning support unit)
- Leeds Clinical Commissioning Group
- NHS Digital (Formerly known as (HSCIC)
- ResearchOne Database (SystmOne practices).
- Other data processors which you will be informed of as appropriate.
In order to comply with its legal obligations we may send data to NHS Digital when
directed by the Secretary of State for Health under the Health and Social Care Act 2012.
This Practice contributes to national clinical audits and will send the data which are required
by NHS Digital when the law allows. This may include demographic data, such as date of birth,
and information about your health which is recorded in coded form, for example, the clinical
code for diabetes or high blood pressure.
For research purposes:
Research data is usually shared in a way that individual patients are non-identifiable. Occasionally where research requires identifiable information you may be asked for your explicit consent to participate in specific research projects. The surgery will always gain your consent before releasing any information for this purpose.
Where specific information is asked for, such as under the National Diabetes audit, you have the choice to opt of the audit.
Further details of these audits are available here:
Audit | Purpose | Data Collected | Can I opt out? |
Leeds Palliative & EoLC Managed Clinical Network
Leeds CCG |
To improve General Practice support to Palliative Care patients at the end of life and enable more effective management of patients.
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Patient identifiable data is extracted and then pseudonymised before being analysed. | No – the data is being used for direct care of the patients identified. |
Diabetic Retinopathy
Leeds CCG |
This data extract is carried out on behalf of NHS England / The CCG to support the national screening programme for diabetic patients. | The extracted data will be sent to Leeds and Mid Yorkshire Diabetic Eye Screening Service; and Leeds Community Healthcare via NHS mail in accordance with data protection principles. | No – the data is being used for direct care of the patients identified. |
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National Diabetes Audit | To measure the effectiveness of diabetes healthcare against NICE guidance in England & Wales.
https://digital.nhs.uk/data-and-information/clinical-audits-and-registries/our-clinical-audits-and-registries/national-diabetes-audit |
The audit uses NHS Number to link the patient to hospital
activity and compiles data to ensure a single record and a complete patient journey is generated. Identifiable data is only available to those with approved appropriate access. Online analysis is anonymised so no patient level data can be viewed. |
Yes – please contact the practice for more information. |
For safeguarding purposes, life or death situations or other circumstances when we are required to share information:
We may also disclose your information to others in exceptional circumstances (ie life or death situations) or in accordance with Dame Fiona Caldicott’s information sharing review (Information to share or not to share).
For example, your information may be shared in the following circumstances:
- When we have a duty to others e.g. in child protection cases
- Where we are required by law to share certain information such as the birth of a new baby, infectious diseases that may put you or others at risk or where a Court has decided we must.
When you request to see your information or ask us to share it with someone else:
If you ask us to share your data, often with an insurance company, solicitor, employer or similar third party, we will only do so with your explicit consent. Usually the requesting organisation will ask you to confirm your consent, often in writing or electronically. We check that consent before releasing any data and you can choose to see the information before we send it.
Please see the section Sharing your Information for more details of how your personal data is shared electronically within the NHS locally & nationally and your choices about being included in these sharing agreements.
OBJECTIONS/CONCERNS/COMPLAINTS
If you are happy for your data to be extracted and used for the purposes described in this notice then you do not need to do anything.
Should you have any concerns about how your information is managed at the Practice, please contact Amanda Nelson Practice Manager. If you are still unhappy following a review by the GP Practice, you can then complain to the Information Commissioners Office (ICO) via their website www.ico.org.uk, [email protected], telephone: 0303 123 1113 (local rate) or 01625 545 745
Sharing your information.
How can be my information be viewed outside of Hawthorn Surgery?
Your health information can be shared both locally and nationally at differing levels of detail.
For direct care locally in Leeds: Leeds Care Record
Patients in Leeds are able to benefit from the sharing of information via the Leeds Care Record. This shares contact details, diagnosis list, medications, allergies, test results, referrals & letters and care plans between health professionals in Leeds. Information is shared by GP practices, the Hospital trusts, Community and Mental Health services, and Social Care.
You have the right to object to your Leeds Care Record being shared by contacting them directly. Details are available via their website.
Download a leaflet on Leeds Care Record.
This is also available in an Easy Read version.
You can opt in and out of these sharing agreements whenever you choose. Details of these schemes are as follows:
Nationally for direct care: Summary Care Record – sharing your information for your care across the NHS.
Your core Summary Care Record is created when you register at a GP practice (although you should be given the option to opt in/out during your registration). If you do not express a preference, it is currently assumed that your consent is implied.
The Summary Care Record shares only your contact details, medications and allergies with other healthcare professionals involved in your care.
You can also choose to share a Summary Care Record with Additional Information. This shares contact details, medications, allergies, diagnosis list, care plans, end of life care and immunisations with other healthcare professionals. Sensitive data is excluded. A Summary Care Record with Additional Information will only be created for you if you explicitly choose this option. Only the most up to date information is shared for each category (EMISWeb). All current and past information is shared for each category (SystmOne).
Choosing to share a summary care record with additional information is thought to be of great benefit if you are admitted to hospital locally or elsewhere in the UK.
You can opt out of sharing any of your information in a Summary Care Record. If you decide not to share this will not affect your entitlement to care. However, it could result in the delivery of your care being less efficient as other health professionals will not have access to these parts of your medical history.
Further details are available in this leaflet.
This is also available in an Easy Read version.
You can change your mind about your Summary Care Record at any time.
To register or change your Summary Care Record preferences, please complete this form and return it to us.
Nationally: The national data-out. For purposes beyond direct care.
NHS Digital is developing a new system to support the national data opt-out which will give patients more control over how identifiable health and care information is used for reasons other than your individual care and treatment. The system will offer patients and the public the opportunity to make an informed choice about whether they wish their personally identifiable data to be used for purposes beyond their direct care such as research and planning purposes.
In the past, you may have already chosen to prevent your identifiable data leaving NHS Digital, known as a Type 2 opt-out. All existing Type 2 opt-outs will be converted to the new national data opt-out and this will be confirmed by a letter to all individuals aged 13 or over with an existing Type 2 in place. Once the national data opt-out is launched, it will no longer be possible to change preferences via local GP practices.
The national data opt-out is due to be launched on 25 May 2018.
More information is available via https://digital.nhs.uk/national-data-opt-out
More information about health and care records in general can be found on the NHS website here: NHS Choices
If you have any queries or concerns about how your information is handled, please do not hesitate to contact our Practice Manager for further information.
Suggestions and complaints
We welcome feedback about your experiences, as it lets the practice know what we are doing well and where we could improve.
Talk to us
The Practice is committed to providing high-quality, person-centred care and treatment that’s both safe and effective. However, we understand that there are times when things go wrong. If something goes wrong, or you’re dissatisfied with what we have or haven’t done, please tell us, and we’ll do our best to make things right. If we can’t resolve matters the way you want, we’ll explain why it’s not possible to do as you suggest.
Understandably, you might be upset or distressed when formally raising concerns about you or your loved one’s care. Our practice team will treat you with respect and dignity throughout this emotional time. It’s expected that you will show them the same courtesy.
We hope that if you have a problem, you will use our practice complaints procedure.
We believe this will give us the best chance of resolving whatever has gone wrong and allowing us to improve our services.
Who to talk to
If you have any concerns, you can talk to any member of our staff initially. We will work with you to resolve the issue without any formal process. It’s usually best to sort out concerns within the practice. However, if you need to make a formal complaint, you can do so through our Practice Manager.
If you find it challenging to raise your concerns with us because, for example, there has been a breakdown in the patient-practice relationship, you can raise your complaint with the ICB, who commission and pay for the NHS services you use by:
Email: at [email protected]
Telephone: 01924 552150*
*Monday to Friday, 9- 4:30pm, excluding bank holidays.
Please note that the team receives many telephone calls daily and may be unable to respond instantly.
In writing: West Yorkshire Integrated Care Board Complaints Team, White Rose House West Parade, Wakefield WF1 1LT
Please note: You cannot ask the ICB to consider the same concerns or complaints you raised with us.
Citizens Advice Bureau also provides information and advice about making complaints.
Take it Further
If you remain unhappy after receiving our final reply, you can ask the Health Service Ombudsman to review your complaint independently. Before taking this step, we hope you would let us know what aspect of the complaint has not been dealt with satisfactorily and provide an opportunity for us to consider whether there is anything further that could be done locally to resolve matters.
The Ombudsman is independent of the NHS and free to use. It can help resolve your complaint and tell the NHS how to put things right if it has got them wrong.
The Ombudsman only has legal powers to investigate certain complaints. You must have received a final response from the Practice before the Ombudsman can look at your complaint. Unless there are exceptional circumstances, it will generally not investigate your complaint if it happened more than 12 months ago.
Address: Parliamentary & Health Service Ombudsman
Tower 30
Millbank
London SW1P 4QP
Phone: 0345 015 4033
Their lines are open: Monday to Thursday, 8:30am to 5:00pm | Friday, 8:30am to 12pm.
Summary Care Record
Having this information stored in one place makes it easier for healthcare staff to treat you in an emergency.
Who is my data shared with and why?
The National Care Record Service (NCRS) for sharing important summary clinical data nationwide for emergency direct care purposes. For example, if you were admitted to hospital in a different part of the country this record would enable the doctors to see vital information about your care.
What is shared?
Medication, Allergies, Drug reactions, optionally specific Read coded entries (called rich SCR).
How is the data shared?
Access is restricted to NHS Smartcard holders in Hospitals, Out of Hours Services and GPs.
How is consent given?
Implied consent with patient opt out via Read Code and requirement to explicitly opt in for Rich SCR.
How do I get more information?
You can also visit the NHS Care Records website or download the NHS Care Record Guarantee.
Your medical record
Overview
All the health care professionals that look after you maintain records about your health and any treatment or care that you have previously received. This includes hospitals, GP surgeries, walk-in clinics etc.
NHS health records may be electronic, paper-base or a mixture of both and we will ensure that all your information is kept confidential and secure.
Information which this GP Practice holds about you may include:
- Details about you, such as your address, carer, legal representative, emergency contacts
- Any contact the surgery has had with you in the past, such as appointments, clinic visits, emergency appointments, etc.
- Notes and reports about your health
- Details about your 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 you
Your records are used to ensure you receive the best possible care. Information held about you may also be used to help protect the health of the public and for a clinical audit to monitor the quality of the service provided.
Some of this information will be held centrally and used for statistical purposes. Where we do this, we take strict measures to make sure that individual patients cannot be identified. Occasionally your information may also be requested for research purposes. The practice will always ask for your consent before agreeing to do this.
Identifying patients’ health risks
Risk identification tools are increasingly being used in the NHS to help understand a patient’s risk of suffering from a particular condition in the future. As once we know this we can offer preventative intervention.
Information about you is collected from a number of sources including NHS Trusts and from this GP Practice. A risk score is then arrived at through an analysis of your de-identified information using software managed by NHS England. Risk stratification enables your GP to focus on preventing ill health and offer you additional services to help you not to become ill in the future. Please note that you have the right to opt-out of your data being used in this way.
Medicines Management
The Practice may carry out reviews of the medications prescribed to its patients to ensure that all patients are receiving the most appropriate, up to date and cost-effective treatments.
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 1998
- 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 an NHS organisation has a legal obligation to keep information about you confidential.
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 new information sharing principle following Dame Fiona Caldicott’s information sharing review 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. They should be supported by the policies of their employers, regulators and professional bodies.
Who Are Our Partner Organisations?
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
- GPs
- NHS Commissioning Support Units
- Independent contractors such as dentists, opticians, pharmacists
- Private sector providers
- Voluntary sector providers
- Ambulance Trusts
- Clinical Commissioning Groups
- Social Care Services
- Health and Social Care Information Centre (HSCIC)
- Local Authorities
- Education Services
- Fire and Rescue Services
- Police & Judicial Services
- 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 explicit consent for this to happen.
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.
Access To Personal Information
You have a right, under the Data Protection Act 1998, 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. In order to request this, you need to do the following:
- Your request must be made in writing to the GP – for information from the hospital you should write direct to them
- There may be a charge to receive a printed copy of the information
- We are required to respond to you within 40 days
- 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
Objections/Complaints
Should you have any concerns about how your information is managed, please contact our Practice Manager at Hawthorn Sursgery. If you are still unhappy, following a review by the Practice you can complain to the Information Commissioners Office (ICO) via their website, email: [email protected], Tel: 0303 123 1113 (local rate) or 01625 545 745.
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Change of Details
It is important that you tell the person treating you if any of your details, such as your name or address, have changed or if any of your details such as date of birth is incorrect so that we can amend this. You have a responsibility to inform us of any changes so our records are accurate and up to date for you.
Notification
The Data Protection Act 1998 requires organisations to register the purposes for which they process personal and sensitive information. This information is publicly available on the Information Commissioner’s website. The practice is registered with the Information Commissioners Office (ICO).
Who is the Data Controller?
The Data Controller, responsible for keeping your information secure and confidential is Dr Angela Stonelake on behalf of Hawthorn Surgery.