Data Protection Notice

The following notice applies from 24^th October 2024

1. About Parkgrove Medical Practice

This practice is an independent contractor providing primary medical services by way of a contract with NHS Lothian, made under the National Health Service (Scotland) Act 1978 (the 1978 Act). It is one of the organisations which form part of NHS Scotland (NHSS).

2. About the personal information we use

We use personal information on different groups of individuals including:

• Patients
• Staff
• Contractors
• Suppliers
• Complainants, enquirers
• Survey respondents
• Professional experts and consultants
• Individuals captured by CCTV

The personal information we use includes information that identifies you like your name, address, date of birth and postcode.

We also use more sensitive types of personal information, including information about racial or ethnic origin; political opinions; religious or philosophical beliefs; trade union membership; genetic and biometric data, health; sex life or sexual orientation.

The information we use can relate to personal and family details; education, training and employment details; financial details; lifestyle and social circumstances; goods and services; visual images; details held in the patient record; responses to surveys.

3. Our purposes for using personal information

Under the 1978 Act Parkgrove Medical Practice has the statutory responsibility to provide or arrange for the provision of a range of healthcare, health improvement and health protection services. We are given these tasks so that we can help to promote the improvement of the physical and mental health of the people of NHS Lothian and assist in operating a comprehensive and integrated national health service in Scotland.

We use personal information to enable us to provide healthcare services for patients (including reminding you of appointments), data matching under the national fraud initiative; research; supporting and managing our employees; maintaining our accounts and records and the use of CCTV systems for crime prevention.

4. Our legal basis for using personal information

Parkgrove Medical Practice, as data controller, is required to have a legal basis when using personal information. Parkgrove Medical Practice considers that performance of our tasks and functions are in the public interest. So, when using personal information our legal basis is usually that its use is necessary for the performance of a task carried out in the public interest, or in the exercise of official authority vested in us. In some situations, we may rely on a different legal basis; for example, when we are using personal information to pay a supplier, our legal basis is that its use is necessary for the purposes of our legitimate interests as a buyer of goods and services. Another example would be for compliance with a legal obligation to which Parkgrove Medical Practice is subject to, for example under the Public Health etc (Scotland) Act 2008 we are required to notify Health Protection Scotland when someone contracts a specific disease.

When we are using more sensitive types of personal information, including health information, our legal basis is usually that the use is necessary:

• for the provision of health or social care or treatment or the management of health or social care systems and services; or
• for reasons of public interest in the area of public health; or
• for reasons of substantial public interest for aims that are proportionate and respect people’s rights; or
• for archiving purposes, scientific or historical research purposes or statistical purposes, subject to appropriate safeguards; or
• in order to protect the vital interests of an individual; or
• for the establishment, exercise, or defence of legal claims or in the case of a court order.

On rare occasions we may rely on your explicit consent as our legal basis for using your personal information. When we do this, we will explain what it means, and the rights that are available, to you. You should be aware that we will continue to ask for your consent for other things like taking part in a drug trial, or when you are having an operation.

5. Who provides the personal information

When you do not provide information directly to us, we receive it from other individuals and organisations involved in the delivery of health and care services in Scotland.  These include other NHS Boards and primary care contractors such as GPs, dentists, pharmacists and opticians, other public bodies e.g. Local Authorities and suppliers of goods and services.

6. 
   Sharing personal information with others

Depending on the situation, where necessary we will share appropriate, relevant and proportionate personal information in compliance with the law, with the following:

• Our patients and their chosen representatives or carers
• Staff
• Current, past and potential employers
• Healthcare social and welfare organisations
• Suppliers, service providers, legal representatives
• Auditors and audit bodies
• Educators and examining bodies
• Research organisations
• People making an enquiry or complaint
• Financial organisations
• Professional bodies
• Trade Unions
• Business associates
• Police forces.
• Security organisations.
• Central and local government.
• Voluntary and charitable organisations.

7. 
   Transferring personal information abroad

It is sometimes necessary to transfer personal health information overseas for example if you require urgent medical treatment abroad. When this is needed information may be transferred to countries or territories around the world. Any transfers made will be in full compliance with NHSScotland Information Security Policy.

8. 
   Retention periods of the information we hold

Within Parkgrove Medical Practice we keep personal information as set out in the Scottish Government Records Management Code of Practice for Health and Social Care. The Code of Practice sets out minimum retention periods for information, including personal information, held in different types of records including personal health records and administrative records. As directed by the Scottish Government in the Records Management Code of Practice, we maintain a retention schedule as part of our Records Management policy detailing the minimum retention period for the information and procedures for the safe disposal of personal information.

9. 
   How we protect personal information

We take care to ensure your personal information is only accessible to authorised people. Our staff have a legal and contractual duty to keep personal health information secure, and confidential. The following security measures are in place to protect personal information:

• All staff undertake mandatory training in Data Protection and IT Security
• Compliance with NHS Scotland Information Security Policy
• Organisational policy and procedures on the safe handling of personal information
• Access controls and audits of electronic systems

10. 
    Your rights

This section contains a description of your data protection rights within Parkgrove Medical Practice

The right to be informed

[Name of Practice] must explain how we use your personal information. We use a number of ways to communicate how personal information is used, including:

• This Data Protection Notice
• Information leaflets
• Discussions with staff providing your care

The right of access

You have the right to access your own personal information.

This right includes making you aware of what information we hold along with the opportunity to satisfy you that we are using your information fairly and legally.

You have the right to obtain:

• Confirmation that your personal information is being held or used by us
• Access to your personal information
• Additional information about how we use your personal information

Although we must provide this information free of charge, if your request is considered unfounded or excessive, or if you request the same information more than once, we may charge a reasonable fee.

If you would like to access your personal information, you can do this by submitting a written request to the Practice Manager at the following address:

Parkgrove Medical Practice

22b Parkgrove Terrace

Edinburgh

EH4 7NX

0131 312 6600

Please note, emails from your private email address may not be secure.

Once we have received your request and you have provided us with enough information for us to locate your personal information, we will respond to your request without delay, within one month (30 days). However, if your request is complex we may take longer, by up to two months, to respond. If this is the case, we will tell you and explain the reason for the delay.

The right to rectification
If the personal information we hold about you is inaccurate or incomplete you have the right to have this corrected.

If it is agreed that your personal information is inaccurate or incomplete, we will aim to amend your records accordingly, normally within one month, or within two months where the request is complex.  However, we will contact you as quickly as possible to explain this further if the need to extend our timescales applies to your request.  Unless there is a risk to patient safety, we can restrict access to your records to ensure that the inaccurate or incomplete information is not used until amended.

If for any reason we have shared your information with anyone else, perhaps during a referral to another service for example, we will notify them of the changes required so that we can ensure their records are accurate.

If on consideration of your request Parkgrove Medical Practice does not consider the personal information to be inaccurate then we may add a comment to your record stating your concerns about the information. If this is case we will contact you within one month to explain our reasons for this.

If you are unhappy about how Parkgrove Medical Practice has responded to your request for rectification we will provide you with information on how you can complain to the Information Commissioner’s Office, or how to take legal action.

The right to object
When Parkgrove Medical Practice is processing your personal information for the purpose of the performance of a task carried out in the public interest or in the exercise of official authority you have the right to object to the processing and also seek that further processing of your personal information is restricted. Provided Parkgrove Medical Practice can demonstrate compelling legitimate grounds for processing your personal information, for instance; patient safety or for evidence to support legal claims, your right will not be upheld.

Other rights
There are other rights under current Data Protection Law however these rights only apply in certain circumstances. For further information on these rights please visit ico.org.uk/for-the-public.

The right to complain
Parkgrove Medical Practice employ a Data Protection Officer to check that we handle personal information in a way that meets data protection law.  If you are unhappy with the way in which we use your personal information, please tell our Data Protection Officer using the contact details below.

Data Protection Officer
Information Governance
Woodlands House
74 Canaan Lane
Edinburgh
EH9 2TB
Phone – 0131 465 5444

Email: Loth.DPO@nhs.scot

Please note emails from your private email address may not be secure.

You also have the right to complain about how we use your personal information to the Information Commissioner’s Office (ICO).  Details about this are on their website at www.ico.org.uk

Please note emails from your private email address may not be secure.

You also have the right to complain about how we use your personal information to the Information Commissioner’s Office (ICO).  Details about this are on their website at https://ico.org.uk/your-data-matters/how-to-make-a-data-protection-complaint/

Our ICO registration number is Z5757124

11. Translation Service/ Accessibility

If you require a translation service, please find details to enquire below.

Interpretation and Translation Service

NHS Lothian Staff Bank

Comely Bank Centre

13 Crewe Road South

Edinburgh,

EH4 2LD

Telephone: 0131 536 2020 option 5 option 5

Email: loth.staffbankits@nhs.scot

12.    DataLoch

For further information regarding NHS Lothian DataLoch Programme please go to https://dataloch.org/

13.    Invitation to take part in research

Research is essential for progress within the NHS. Parkgrove Medical Practice may invite you to take part in a research study. Parkgrove Medical Practice do this with the support of specialist NHS staff who identify eligible patients from their medical record.

No data is provided to researchers without specific consent from patients.

Patients have the right to opt out of being contacted about research studies. Please let the reception staff, practice manager or your GP know if you wish to opt out.

This GP practice has agreed to take part in the DataLoch research programme. Both your GP practice and NHS Lothian are the data controller for the DataLoch programme (Data is only hosted within NHS Lothian), and are working in partnership with the University of Edinburgh. The aims of the DataLoch programme are to support research for the benefit of local residents in the South-East Scotland region. A Data Sharing Agreement is in place that covers the sharing of patient data with DataLoch, and all approved research is anonymous.

In line with data protection legislation, the legal basis that permits processing of patient data is:

• 6(1)(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.

• 9(2)(j) – Processing is necessary for archiving purposes in the public interest, or scientific and historical research purposes or statistical purposes in accordance with Article 89(1)

The DataLoch website covers the researcher data, public enquiries, and newsletter subscriptions for which the University of Edinburgh is the Data Controller: https://dataloch.org/privacy-notice

Patients should be aware that some of their medical data will be shared anonymously with NHS Lothian and NHS Scotland as well as two medical research organisations, as noted below. These bodies use information from GP Surgeries to help with various clinical research projects as well as NHS resource planning. The security of your data is of primary concern when it comes to the sharing of any confidential information, and all data is shared securely, encrypted and anonymised where appropriate.

All of the services mentioned below work on an opt-out basis, so you will need to inform us if you do not wish for your data to be included. Simply ask at reception and they will pass your wishes on to the Practice IT Department. Depending on which service(s) you wish to opt-out of, you may be asked to complete and sign a disclaimer form.

The Emergency Care Summary (ECS)

The emergency care summary shares information including your name, date of birth, your current GP surgery and information about any medication you are currently being prescribed along with details of any drug allergies or reactions that you had, that your GP knows about.

This information is only made available to hospital accident and emergency departments, the staff at out-of-hours medical centres or those who work with NHS 24 and are involved in your care.

Anyone who needs to view Emergency Care Summary to treat you must ask your permission before they look at the information. However, if you are unconscious, they may look at your Emergency Care Summary without your agreement.

You can find out more about the ECS at the following website:
http://www.nhs24.com/explained/myinfonhs24/ecs/.

The Clinical Practice Research DataLink (CPRD)

The Clinical Practice Research Datalink (CPRD) is a governmental, not-for-profit research service, jointly funded by the NHS National Institute for Health Research (NIHR) and the Medicines and Healthcare products Regulatory Agency (MHRA), a part of the Department of Health.

For more than 25 years, hundreds of GP practices across the UK have contributed information in patient records to the CPRD to support medical research to improve patient and public health
Only anonymised patient data is provided to researchers. CPRD never receives any personal identifying details from your GP such as your name, address, CHI number or date of birth. Data can only be used for research to improve patient and public health, and all research applications must be reviewed and approved by an expert independent scientific committee.

CPRD is reviewed each year by the Health Research Authority, the Multicentre Research Ethics Committee and NHS Digital to make sure its services meet ethical and legal requirements.
Data is held securely by CPRD and researchers most follow strict terms and conditions when carrying out any research.

You can find out more about CPRD at the following website:
https://www.cprd.com/home/.

The Health Improvement Network (THIN)

THIN is a collaboration between Vision and Cegedim Healthcare Software, and like CPRD, collects anonymised patient data from GP clinical databases.
THIN’s electronic data is supplied to the medical research community, who service the world’s leading pharmaceutical companies, universities and medical research organisations.

The data THIN collects are anonymised prior to leaving the practice during the data collection process – this ensures that all patient identifiers, such as name, address, date of birth, postcode, CHI number, etc. are NOT collected. The patient is known only by a code number and cannot be identified outside the Practice. The Department of Health’s South East Multicentre Research Ethical Committee has approved the THIN scheme.

You can find out more about THIN at the following website:
http://csdmruk.cegedim.com.

The Scottish Primary Care Information Resource (SPIRE)

SPIRE (Scottish Primary Care Information Resource) is the newest of these services and has been developed to help GPs, the NHS in Scotland and researchers to learn from information held at GP practices.

SPIRE allows information from GP patient records to be transferred electronically and held securely at NHS National Services Scotland, the NHS Scotland organisation responsible for health statistics. It uses information from GP practices all over Scotland in a safe and secure way.
Certain information from your GP patient records will be used, such as your date of birth, gender, vaccinations, diagnoses and prescribed medicines. SPIRE will only use the information that is needed for the purpose of the analysis. No notes your doctor or nurse has made from discussions you have had with them will be used and no information leaving your GP practice will have names or personal details on it.

To protect your confidentiality, these details will be encrypted before they leave the GP practice so you can be confident that your information is secure at all times.
The information will be used by trained and authorised analysts at NHS National Services Scotland, the NHS Scotland organisation responsible for health statistics. Some NHS Scotland organisations such as Health Boards will be able to request information to perform their own analysis, for instance, to understand what is happening within local services. Health researchers from outside the NHS Scotland (for example, charity or university researchers) will have to apply to the independent SPIRE Steering Group if they want to use information from GP records. All requests for information will have to be approved by this independent SPIRE Steering Group. There are strict rules governing how information is managed and all staff involved have a legal duty to keep information safe and secure.

You can find out more about SPIRE at the following website:
http://www.spire.scot/.
 

Our staff have the right to work in a safe environment free from violence of any form, verbal or physical. We employ a Zero Tolerance approach to this type of behaviour and it results in immediate removal from our practice list.

You Have the Right to be:

• Treated with dignity and courtesy.
• Given a choice in your care whenever possible.
• Given the opportunity to ask questions about your treatment, and to refuse treatment if you so wish.
• Offered an interpreter if necessary.
• Given a choice about taking part in research and training.

You Are Responsible for:

• Making and keeping appointments.
• Notifying the surgery as soon as possible if unable to keep your appointment.
• Contacting the surgery to check on results of tests.
• Ordering repeat prescriptions in adequate time.
• Informing us of any change of name, address or telephone number.
• Turning off mobile phones while attending appointments.
• Behaving in an acceptable manner.

The Practice is registered under the NHS Lothian FOI(S)A Publication Scheme: Go to www.nhslothian.scot.nhs.uk.