Privacy Notice for Risk Stratification
The records we keep enable us to plan for your care.
This practice keeps data on you that we apply searches and algorithms to in order to identify patients suitable for preventive interventions. This means using only the data we hold or in certain circumstances linking that data to data held elsewhere by other organisations, and usually processed by organisations within or bound by contracts with the NHS.
If any processing of this data occurs outside the practice your identity will not be visible to the processors. Only this practice will be able to identify you and the results of any calculated factors, such as your risk of having a heart attack in the next 10 years or your risk of being admitted to hospital with a complication of chest disease.
You have the right to object to our processing your data in these circumstances and before any decision based upon that processing is made about you. Processing of this type is only lawfully allowed where it results in individuals being identified with their associated calculated risk. It is not lawful for this processing to be used for other ill defined purposes, such as “health analytics”.
Despite this we have an overriding responsibility to do what is in your best interests. If we identify you as being at significant risk of having, for example a heart attack or stroke, we are justified in performing that processing.
We are required by articles in the general data protection regulations to provide you with the information in the following 9 subsections:
- Data controller contact details
The Crouch Oak Family Practice
45 Station Road, Addlestone, Surrey KT15 2BH
- Data protection officer contact details
Dr Mohan Kanagasundaram. Please address correspondence to The Crouch Oak Family Practice, 45 Station Road, Addlestone, Surrey, KT15 2BH
- Purpose of the processing
The practice performs computerised searches of some or all of our records to identify individuals who may be at increased risk of certain conditions or diagnoses eg. diabetes, heart disease, risk of falling. Your records may be amongst those searched. This is often called “risk stratification” or “case finding”. These searches are sometimes carried out by data processors who link our records to other records that they access, such as hospital attendance records. The results of these searches and assessments may then be shared with other healthcare workers, such as specialists, 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 care.
- Lawful basis for processing
The legal basis for this processing is:
Article 6(1)(e); “necessary… in the exercise of official authority vested in the controller’
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 services…”
We will recognise your rights under UK Law collectively known as the common law duty of confidentiality.
- Recipient or categories of recipients of the shared data
The data will be shared for processing with North West Surrey CCG and relevant national services such as Diabetes UK, and for subsequent healthcare with local diabetes, heart disease and frailty services such as Ingeus, the Bedser Hub and SelfManagement UK.
- Rights to object
You have the right to object to this processing where it might result in a decision being made about you. That right may be based either on implied consent under the common law of confidentiality, article 22 of GDPR or as a condition of section 251 approval under the HSCA. It can apply to some or all of the information being shared with the recipients. Your right to object is in relation to your personal circumstances.
- Right to access and correct
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.
- Retention period
The data will be retained in line with the law and national guidance. More information can be found by visiting NHS: records management code of practice for health and social care or by contacting the practice using our online form.
- Right to complain
You have the right to complain to the information commissioner’s office, you can use their website: www.ico.org.uk/contact-us or call their helpline 0303 123 1113 (local rate) or 0162 554 5745 (national rate).
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. 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 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
- Where there is a legal duty to do so, for example a court order