Acceptance form
for an Appointment
Dr Mark Gompels MD FRCP FRCPath
C/O Southmead Hospital
Department of Immunology
New Pathology Sciences Building
Westbury on Trym
Tel: 0345450044
email: info@southwestallergy.co.uk
Name …………………………………………….. Date of Birth……………………..
Address …………………………………………………………………………………
GP details ………………………………………………………………………………
…………………………………………………………………………………………..
Insurance
Company details or self funded (please delete) –
Company name and address…………………………………………………………...
…………………………………………………………………………………………..
Telephone number ……………………………………………………………………..
Policy number ………………………………………………………………………….
Authorisation number………………………………………………………………….
Claim number ………………………………………………………………………….
I request to my being contacted by email using the
above email address:
Signed ………………………………………… Date ……………………………….
(Please indicate if you are signing on behalf of a child – Yes/No)
I agree to my being charged for a fee of up to Ł35 if
I do not cancel my appointment or cancel within 4 hour or do not attend.
Signed ………………………………………… Date ……………………………….
Your Appointment
·
On arrival please
let the receptionist know that you have arrived. There may be a short wait.
·
A consultation
will normally last up to 30 minutes. It
will comprise of an interview with a specialist Nurse and a Consultant
·
Following this
you may be recommended to have some tests including allergy tests and blood
tests.
·
The Doctor will
then provide you with a report, a copy of which will be sent to you and a copy
to your registered GP.
·
There will be a
charge of Ł210 for your consultation (this includes room hire, secretarial and
other costs), Ł95 for skin tests and/or interpretation of blood tests and you
will be given a price for the other tests on request. You are responsible for
the tests fee if not covered by your insurance.
·
Following the
report you will be either be asked to re attend for a further appointment or
your care handed back to the GP.
·
It will be
necessary to charge for follow up appointments, additional consultations
etc. This will be at the same rate and
the same time allocated as your first appointment.
·
Depending on your
insurance company you may need prior authorisation and you may have a voluntary
excess to pay, or pay for any underfunding.
·
No treatment
costs are included in the fee. If a
treatment is necessary then a private prescription can be issued. It may be possible to discuss with your GP if
they are willing to provide the recommended treatment.
·
In accepting this
appointment I agree for my details to be stored and transferred electronically
for the sole purpose of providing me with a medical opinion. I understand that
this information may be provided to another member of the healthcare profession
should they need to access it for the purpose of my medical treatment. I agree
for this information to be stored for the statutory time for all medical
records.
*Please see and privacy
notice:
PATIENT PRIVACY
NOTICE (PN).
Executive summary 1. As Southwest
Allergy’s (Betula) treating clinician [HD1] and therefore custodian of personal information
relating to your medical treatment, I must only use that information in
accordance with all applicable law and guidance. This Privacy Notice provides you with a
detailed overview of how I will manage your data from the point at which it
is gathered and onwards, and how that complies with the law. I will use your personal information for a
variety of purposes including, but not limited to, providing you with care
and treatment, sharing it with other medical professionals and
research/clinical audit programmes. 2. In
addition, you have a number of rights as a data subject. You can, for instance, seek access to your
medical information, object to me using your information in particular ways, request
rectification of any information which is inaccurate or deletion of
information which is no longer required (subject to certain exceptions). This Privacy Notice also sets out your
rights in respect of your personal information, and how to exercise them. 3. For ease
of reference, this Notice is broken into separate sections below with
headings which will help you to navigate through the document. 4. For us to
communicate with you by email, we either will require your explicit consent
to use you email address and the possible risk that may entail to yourself of
your personal data, otherwise we will write to you at the address given. |
Introduction
1. This Privacy
Notice sets out details of the information that I, as a clinician responsible
for your treatment (and including my medical secretaries), may collect from you
and how that information may be used. Please take your time to read this Privacy
Notice carefully.
About me
3. In the event
that you have any queries, comments or concerns in respect of the manner in
which I have used, or potentially will use, your personal information then you
should contact me directly and I would be happy to discuss further. I can be
contacted on the following telephone number][HD2] Tel:
0345450044 or email: info@southwestallergy.co.uk
Your personal data
4. I am a Data
Controller in respect of your personal information which I hold about you. This will mainly relate to your medical
treatment, but will be likely to also include other information such as
financial data in relation to billing. I
must comply with the data protection legislation and relevant guidance when
handling your personal information, and so must any medical secretary who
assists me in an administrative capacity. Your personal data may include any
images taken in relation to your treatment which must not only be managed in
accordance with the law, this Privacy Notice but also all applicable
professional standards including guidance from the General Medical Council and
British Medical Association.
5. I will
provide your treatment from Spire Healthcare Hospital, Bristol or Westbury on Trym Primary Healthcare centre and, in due course, it may
be necessary for Spire/other independent provider to also process your personal
data. I will do so in accordance with
the law, the principles of this Privacy Notice and to the extent that it is
necessary to do so. This could be where Spire/other
independent provider needs to arrange other healthcare services as part of your
treatment, such as nursing or dietician advice, or support other aspects of the
treatment which I provide to you. In
that case, Spire/other independent provider will become a joint Data Controller
in respect of your personal information and you will be provided with a copy of
their Privacy Notice which sets out how they will manage that information.
6. Your
personal information will be handled in accordance with the principles set out
within this Privacy Notice. This means that whenever I use your personal data,
I will only do so as set out in this Privacy Notice. From time to time, I may process your
personal information at a non-Spire/other independent provider site (medical or
non-medical), as may my medical secretary.
What personal information do I collect and use from
patients?
7. I will use “special
categories of personal information” (previously known as "sensitive personal
data") about you, such as information relating to your physical and mental
health.
8. If you
provide personal information to me about other individuals (including medical
or financial information) you should inform the individual about the contents
of this Privacy Notice. I will also process
such information in accordance with this Privacy Notice.
9. In addition,
you should note that in the event you amend data which I already hold about you
(for instance by amending a pre-populated form) then I will update our systems
to reflect the amendments. Our systems
will continue to store historical data.
Personal information
10.
As one of my patients, the personal information I hold about you may include the following:
a)
Name
b)
Contact
details, such as postal address, email address and telephone number (including
mobile number)
c)
Financial
information, such as credit card details used to pay us and insurance policy
details
d)
Occupation
e)
Emergency
contact details, including next of kin
f)
Background
referral details
Special Categories Personal
Information
11. As one of my
patients, I will hold information
relating to your medical treatment which is known as a special category of
personal data under the law, meaning that it must be handled even more
sensitively. This may include the
following:
a)
Details of your current
or former physical or mental health, including information about any healthcare
you have received from other healthcare providers such as GPs, dentists or
hospitals (private and/or NHS), which may include details of clinic and
hospital visits, as well as medicines administered. I will provide further
details below on the manner in which I handle such information.
b)
Details of services you
have received from me
c)
Details of your nationality,
race and/or ethnicity
d)
Details of your religion
e)
Details of any genetic
data or biometric data relating to you
f)
Data concerning your sex
life and/or sexual orientation
12.
The confidentiality of
your medical information is important to me, and I make every effort to prevent
unauthorised access to and use of information relating to your current or
former physical and mental health (or indeed any of your personal information
more generally). In doing so, I will comply with UK data protection law,
including the Data Protection Act 2018 and all applicable medical
confidentiality guidelines issued by professional bodies including, but not
limited to, the General Medical Council and the Nursing and Midwifery Council.
13. From 25 May 2018, the current Data Protection Act will be replaced by the
EU General Data Protection Regulation (GDPR) and a new Data Protection Act.
All uses of your information will comply with the GDPR and the new Data Protection
Act from that date onwards
How do I collect your information?
14. I may collect personal information from a number of different sources
including, but not limited to:
a) GPs
b) Dentists
c) Other hospitals, both NHS and private (including Spire/other independent
provider)
d) Mental health providers
e) Commissioners of healthcare services
f) Other clinicians (including their medical secretaries)
Directly
from you
15. Information may be collected directly from you when:
a)
You enter into a contract
with me or Spire/other independent provider for the provision of healthcare
services
b)
You use those services
c)
You
complete enquiry forms on the Spire/other independent provider website
d)
You submit a query to me including by email or by social media
e)
You correspond with me by
letter, email, telephone or social media.
From other
healthcare organisations
16. My patients will usually receive healthcare
from other organisations, and so in order to provide you with the best
treatment possible I may have to collect personal information about you from
them. These may include:
a) Medical records from your GP
b) Medical records from other clinicians
(including their medical secretaries)
c) Medical records from your dentist
d) Medical records from the NHS or any private
healthcare organisation
17. Medical records include information about your
diagnosis, clinic and hospital visits and medicines administered.
From third
parties
18. As detailed in the previous section, it is
often necessary to seek information from other healthcare organisations. I may also collect information about you from
third parties when:
a) You are referred to me for the provision of
services including healthcare services
b) I liaise with your current or former employer,
health professional or other treatment or benefit provider
c) I liaise with your family
d) I liaise with your insurance policy provider
e) I deal with experts (including medical
experts) and other service providers about services you have received or are
receiving from me
f) I deal with NHS health service bodies about
services you have received or are receiving from us
g) I liaise with credit reference agencies
h) I liaise with debt collection agencies
i) I liaise with Government agencies, including
the Ministry of Defence, the Home Office and HMRC
How will I
communicate with you?
19. I may
communicate with you in a range of ways, including by telephone, SMS, email,
and / or post. If I contact you using
the telephone number(s) which you have provided (landline and/or mobile), and you
are not available which results in the call being directed to a voicemail
and/or answering service, I may leave a voice message on your voicemail and/or
answering service as appropriate, and including only sufficient basic details
to enable you to identify who the call is from, very limited detail as to the
reason for the call and how to call me back.
20. However:
a) to ensure
that I provide you with timely updates and reminders in relation to your
healthcare (including basic administration information and appointment
information (including reminders)), I may communicate with you by SMS and/or
unencrypted email (where you have provided me with your SMS or email address) in each case
where you have expressed a preference in the patient registration form to be
contacted by SMS and / or email. [HD3]
b) to provide you
with your medical information (including test results and other clinical
updates) and/or invoicing information, I may communicate with you by email
(which will be encrypted unless preference otherwise stated) where you have
provided me with your email address and have expressed a preference in the patient
registration form to be contacted by email[EP4] . The first time I send you any important
encrypted email that I am not also sending by post or which requires action to
be taken, I will endeavour to contact you separately to ensure that you are
able to access the encrypted email you are sent.
21. Please note
that although providing your mobile number and email address and stating a
preference to be communicated by a particular method will be taken as an
affirmative confirmation that you are happy for us to contact you in that
manner, I am not relying on your consent to process your personal data in order
to correspond with you about your treatment.
As set out further below, processing your personal data for those
purposes is justified on the basis that it is necessary to provide you with
healthcare service.
What are the purposes for which your information is used?
22. I may 'process' your information for a number
of different purposes, which is essentially the language used by the law to
mean using your data. Each time I use your data I must have a legal justification
to do so. The particular justification will depend on the purpose of the
proposed use of your data. When the information that we process is classed as a
“special category of personal information”, I must have a specific additional
legal justification in order to use it as proposed.
23.
Generally
I will rely on the following legal justifications, or 'grounds':
a) Taking
steps at your request so that you can enter into a contract with me to receive
healthcare services from us.
b) For
the purposes of providing you with healthcare pursuant to a contract between
you and I. I will rely on this for activities such as supporting your medical
treatment or care and other benefits, supporting your nurse, carer or other
healthcare professional and providing other services to you.
c)
I have an appropriate business need to process
your personal information and such business need does not cause harm to you. I
will rely on this for activities such as quality assurance, maintaining my
business records, monitoring outcomes and responding to any
complaints.
d)
I have a
legal or regulatory obligation to use such personal information.
e)
I need
to use such personal information to establish, exercise or defend my legal
rights.
f)
You have provided your consent to my use of
your personal information.
24. Note that failure to provide your information
further to a contractual requirement with me may mean that I am unable to set
you up as a patient or facilitate the provision of your healthcare.
25. I provide
further detail on these grounds in the sections below.
Appropriate business needs
26. One legal ground for processing personal data
is where I do so in pursuit of legitimate interests and those interests are not
overridden by your privacy rights. Where
I refer to use for my appropriate business needs, I am are relying on this
legal ground.
The right to
object to other uses of your personal data
27. You have a range of rights in respect of your personal data, as set out
in detail in sections 69-90. [HD5] This includes the right to object to me using your personal information
in a particular way (such as sharing that information with third parties), and
I must stop using it in that way unless specific exceptions apply. This includes, for example, if it is
necessary to defend a legal claim brought against me, or it is otherwise
necessary for the purposes of your ongoing treatment.
You will find details of my legal grounds for each of our processing
purposes below. I have set out individually
those purposes for which I will use your personal information, and under each
one I set out the legal justifications, or grounds, which allow me to do
so. You will note that I have set out a
legal ground, as well as an 'additional' legal ground for special categories of
personal information. This is because I
have to demonstrate additional legal grounds where using information which
relates to a person's healthcare, as I will be the majority of the times I use
your personal information.
Purpose 1: To
set you up as my patient, including carrying out fraud, credit, anti-money
laundering and other regulatory checks
28. As is common with most business, I have to
carry out necessary checks in order for you to become a patient. These include standard background checks,
which I cannot perform without using your personal information.
29. Legal ground: Taking the necessary
steps so that you can enter into a contract with me for the delivery of
healthcare.
30. Additional legal ground for special categories of personal information: The use is necessary for reasons of
substantial public interest, and it is also in my legitimate interests to do so.
Purpose 2: To provide you with
healthcare and related services
31. Clearly, the reason you come to me is to provide you with healthcare, and
so I have to use your personal information for that purpose.
32. Legal grounds:
a) Providing you with healthcare and related services
b) Fulfilling my contract with you for the delivery of healthcare
33. Additional legal grounds for special categories of personal information:
a)
I need to use the data in order to provide healthcare services to you
b)
The use is necessary to protect your vital interests where you are
physically or legally incapable of giving consent
Purpose
3: For account settlement purposes
34. I will use your personal information in order to ensure that your account
and billing is fully accurate and up-to-date
35. Legal grounds:
a)
My providing you healthcare and other related services
b)
Fulfilling my contract with you for the delivery of healthcare
c)
My having an appropriate business need to use your information which
does not overly prejudice you
d)
Your consent
36. Additional legal grounds for special categories of personal information:
a)
I need to use the data in order to provide healthcare services to you
b)
The use is necessary in order for me to establish, exercise or defend my
legal rights
c)
Your consent
Purpose 4: For medical audit/research purposes
Clinical audit
37. I may process your personal data for the
purposes of local clinical audit – i.e. an audit carried out by myself or my
direct team for the purposes of assessing outcomes for patients and identifying
improvements which could be made for the future. I am able to do so on the basis of my
legitimate interest and the public interest in statistical and scientific
research, and with appropriate safeguards in place. You are, however, entitled to object to my
using your personal data for this purpose, and as a result of which I would
need to stop doing so. If you would like
to raise such an objection then please contact me using the details provided in
paragraph 3 above.
38. I may also be asked to share information with U.K.
registries for which ethical approval is not necessarily required but which
form part of the National Clinical Audit programme, hosted by NHS England and
who provide a list of National Clinical Audit and Clinical Outcome Review
programmes and other quality improvement programmes which we should prioritise
for participation. I may do so without
your consent provided that the particular audit registry has received statutory
approval, or where the information will be provided in a purely anonymous form,
otherwise your consent will be needed and either I will seek this from you or
the registry themselves will do so.
Medical research
39. I may also be asked to participate in medical
research and share data with ethically approved third party research
organisations.
40. I will share your personal data only to the
extent that it is necessary to do so in assisting research and as permitted by
law. Some research projects will have
received statutory approval such that consent may not be required in order to
use your personal data. In those circumstances, your personal will be shared on
the basis that:
Legal
grounds:
a)
I have a legitimate interest in helping with medical
research and have put appropriate safeguards in place to protect your privacy
Additional legal grounds for special
categories of personal information:
b)
The processing is necessary in the public interest
for statistical and scientific research purposes
41. In the event that consent is required then
either I will seek this from you, or the research agency will do so.
Purpose 5: Communicating with you and
resolving any queries or complaints that you might have.
42. From time to time, patients may raise queries, or even complaints, with
me and [Spire/other independent provider] and I take those communications very
seriously. It is important that I am
able to resolve such matters fully and properly and so I, as well as
[Spire/other independent provider] will need to use your personal information
in order to do so.
43. Legal grounds:
a)
Providing you with healthcare and other related services
b)
Having an appropriate business need to use your information which does
not overly prejudice you
44. Additional legal grounds for special categories of personal information:
a)
The use is necessary for the provision of healthcare or treatment
pursuant to a contract with a health professional
b)
The use is necessary in order for me to establish, exercise or defend my
legal rights
Purpose 6: Communicating with any other individual that you ask
us to update about your care and updating other healthcare professionals
about your care.
45. In addition, other healthcare professionals or organisations may need to
know about your treatment in order for them to provide you with safe and
effective care, and so I may need to share your personal information with
them. Further details on the third
parties who may need access to your information is set out at section below.
46. Legal grounds:
a)
Providing you with healthcare and other related services
b)
I have a legitimate interest in ensuring that other healthcare
professionals who are routinely involved in your care have a full picture of
your treatment
47. Additional legal ground for special categories of personal information:
a)
I need to use the data in order to provide healthcare services to you
b)
The use is necessary for reasons of substantial
public interest under UK law
c)
The use is necessary in order for me to establish, exercise or defend my
legal rights
48. I also participate in initiatives to monitor
safety and quality, helping to ensure that patients are getting the best
possible outcomes from their treatment and care. The Competition and Markets
Authority Private Healthcare Market Investigation Order 2014 established the
Private Healthcare Information Network (“PHIN”), as an organisation who
will monitor outcomes of patients who receive private treatment. Under Article 21 of that Order, I am required
to provide PHIN with information related to your treatment, including your NHS
Number in England and Wales, CHI Number in Scotland or Health and Care Number
in Northern Ireland), the nature of your procedure, whether there were any
complications such as infection or the need for readmission/admission to a NHS
facility and also the feedback you provided as part of any PROMs surveys. PHIN will use your information in order to share it
with the NHS, and track whether you have received any follow-up treatment. I will only share this information with PHIN
if you have provided your consent for me to do so.
49. The records that I share may contain personal
and medical information about patients, including you. PHIN, like me, will
apply the highest standards of confidentiality to personal information in
accordance with data protection laws and the duty of confidentiality. Any
information that is published by PHIN will always be in anonymised statistical
form and will not be shared or analysed for any purpose other than those
stated. Further information about how PHIN uses information, including its Privacy
Notice, is available at www.phin.org.uk.
Purpose 7: Complying with our legal or regulatory obligations, and defending or
exercising our legal rights
50. As a provider of healthcare, I am subject to a
wide range of legal and regulatory responsibilities which is not possible to
list fully here. I may be required by
law or by regulators to provide personal information, and in which case I will
have a legal responsibility to do so. From
time to time, clinicians are unfortunately also the subject of legal actions or
complaints. In order to fully
investigate and respond to those actions, it is necessary to access your
personal information (although only to the extent that it is necessary and
relevant to the subject-matter).
51. Legal grounds:
a)
The use is necessary in order for us to comply with our legal
obligations
52. Additional legal ground for special categories of personal information:
a)
I need to use the data in order for others to provide informed
healthcare services to you
b)
The use is necessary for reasons of the provision of
health or social care or treatment or the management of health or social care
systems
c)
The use is necessary for establishing, exercising or
defending legal claims
53. I am also required by law to conduct audits of
health records, including medical information, for quality assurance purposes.
Your personal and medical information will be treated in accordance with
guidance issued by the Care Quality Commission (England), Health Inspectorate
Wales and Healthcare Improvement Scotland
Purpose 8:
Managing my business operations such as maintaining accounting records,
analysis of financial results, internal audit requirements, receiving
professional advice (e.g. tax or legal advice)
54. In order to do this, I will not need to use
your special categories of personal information and so I have not identified
the additional ground to use your information for this purpose.
55. Legal grounds:
a)
My
having an appropriate business need to use your information which does not
overly prejudice you
56. As a provider of private healthcare services,
I need to carry out marketing but am mindful of your rights and expectations in
that regard. As a result, I will only
provide you with marketing which is relevant to my business and only where you
have specifically confirmed your consent to do so.
57. Legal grounds:
a) My having an appropriate business need to use
your information which does not overly prejudice you
b) You
have provided your consent[HD6]
Disclosures to third parties:
58.
I may disclose your information to the third
parties listed below for the purposes described in this Privacy Notice. This
might include:
a) A doctor, nurse, carer or any other healthcare
professional involved in your treatment
b) Other members of support staff involved in the
delivery of your care, like receptionists and porters
c) Anyone that you ask me to communicate with or
provide as an emergency contact, for example your next of kin or carer
d) NHS organisations, including NHS Resolution,
NHS England, Department of Health
e) Other private sector healthcare providers
f) Your GP
g) Your dentist
h) Other clinicians (including their medical
secretaries)
i) Third parties who assist in the administration
of your healthcare, such as insurance companies
j) Private Healthcare Information Network
k) National and other professional research/audit
programmes and registries, as detailed under purpose 4 above
l) Government bodies, including the Ministry of
Defence, the Home Office and HMRC
m) Our regulators, like the Care Quality
Commission, Health Inspectorate
Wales and Healthcare Improvement Scotland
n) The police and other third parties where
reasonably necessary for the prevention or detection of crime
o) Our insurers
p) Debt collection agencies
q) Credit referencing agencies
r) Our third party services providers such as IT
suppliers, actuaries, auditors, lawyers, marketing agencies, document management
providers and tax advisers
s)
Selected
third parties in connection with any sale, transfer or disposal of our business
t)
I may also use your
personal information to provide you with information about products or services
which may be of interest to you where you have provided your consent for me to
do so.
59. I may
communicate with these third parties in a variety of ways including, but not
limited to, email, post, fax and telephone.
What
marketing activities do I carry out?
60.
I wont use your personal information to provide you
with information about products or services which may be of interest to you.
61.
I wont
send marketing emails
62.
.
Automated Decision Making
63. An automated decision is a decision made by computer without any human
input, and there will be no automated decision-making in relation to your
treatment or other decisions which will produce legal or similarly significant
effects. [HD7]
How long do I
keep personal information for?
64.
I will only keep your
personal information for as long as reasonably necessary to fulfil the relevant
purposes set out in this Privacy Notice and in order to comply with my legal
and regulatory obligations. [EP8]
65. If you would like further information regarding the periods for which your personal information will be stored, please contact me
using the details outlined in section 3.
International
data transfers
66. I (or third parties acting on my behalf) may store or process information
that we collect about you in countries outside the European Economic Area
("EEA"). Where I make a
transfer of your personal information outside of the EEA I will take the
required steps to ensure that your personal information is protected.
a) To the extent that it is necessary to do so, I may transfer your personal
data outside of the EEA to:[HD9]
67.
I will only do so to the
extent that it is relevant and necessary.
[HD10] . Under certain circumstances, I may request
your consent for such a transfer.
68. If you would
like further information regarding the steps I take to safeguard your personal
information, please contact me using the details provided in section 3 above.
69. Please note that we have listed above the current common transfers of
personal data outside of the EEA but it may be necessary, in future, to
transfer such data for other purposes.
In the event that it is necessary to do so, we will update this Privacy
Notice.
Your rights
71. There will
not usually be a charge for handling a request to exercise your rights.
72. If I cannot
comply with your request to exercise your rights we will usually tell you why.
73. There are
some special rules about how these rights apply to health information as set
out in legislation including the Data Protection Act (current and future), the
General Data Protection Regulation as well as any secondary legislation which
regulates the use of personal information.
74. If you make
a large number of requests or it is clear that it is not reasonable for me to
comply with a request then we do not have to respond. Alternatively, I can charge for responding.
Your rights
include:
The right to access your personal information
75. You are usually entitled to a copy of the personal information I hold about
you and details about how I use it.
76. Your information will usually be provided to you in writing, unless
otherwise requested. If you have made
the request electronically (e.g. by email) the information will be provided to
you by electronic means where possible.
77. Please note that in some cases I may not be able to fully comply with
your request, for example if your request involves the personal data of another
person and it would not be fair to that person to provide it to you.
78. You are entitled to the following under data protection law.
The right to rectification
79. I take reasonable steps to ensure that the information I hold about you
is accurate and complete. However, if you do not believe this is the case, you
can ask me to update or amend it.
The right to erasure (also known as the right to be
forgotten)
80. I may update this Privacy Notice from time to time to ensure that it
remains accurate, and the most up-to-date version can always be found at Southwestallergy.co.uk. In the event that there are any material
changes to the manner in which your personal information is to be used then I
will provide you with an updated copy of this Privacy Notice.
81. In some circumstances, you have the right to request that I delete the
personal information I hold about you.
However, there are exceptions to this right and in certain circumstances
I can refuse to delete the information in question. In particular, for example, I do not have to
comply with your request if it is necessary to keep your information in order
to perform tasks which are in the public interest, including public health, or
for the purposes of establishing, exercising or defending legal claims.
The right to restriction of processing
82. In some circumstances, I must "pause" our use of your personal
data if you ask me to do so, although I do not have to comply with all requests
to restrict my use of your personal information. In particular, for example, I do not have to
comply with your request if it is necessary to keep your information in order
to perform tasks which are in the public interest, including public health, or
for the purposes of establishing, exercise or defending legal claims.
The right to data portability
83. In some
circumstances, I must transfer personal information that you have provided to
you or (if this is technically feasible) another individual/ organisation of
your choice. The information must be
transferred in an electronic format.
The right to object to marketing
84.
You can ask me to stop sending you marketing
messages at any time and I must comply with your request. You can do this by
contacting me using the details provided at section 3 above.
85.
You have a right to not
be subject to automatic decisions (i.e. decisions that are made about you by
computer alone) that have a legal or other significant effect on you.
86.
Please see section for detail about when we may
make automatic decisions about you.
87.
If you have been subject to an automated decision
and do not agree with the outcome, you can challenge the decision. [HD11]
The right to withdraw consent
88. In some cases I may need your consent in order for my use of your
personal information to comply with data protection legislation. Where we do this, you have the right to withdraw
your consent to further use of your personal information. You can do this by contacting
me using the details provided at section 3 above.
The right to complain to the Information
Commissioner's Office
89. You can
complain to the Information Commissioner's Office if you are unhappy with the
way that I have dealt with a request from you to exercise any of these rights,
or if you think I have not complied with our legal obligations.
90. More
information can be found on the Information Commissioner’s Office website: https://ico.org.uk/
91. Making a
complaint will not affect any other legal rights or remedies that you have.
National
Data Opt-Out Programme
92. NHS Digital
is currently developing a national programme which will go live on 25 May 2018,
pursuant to which all patients will be able to log their preferences as to
sharing of their personal information.
All health and care organisations will be required to uphold patient
choices, but only from March 2020. In
the meantime you should make me aware directly of any uses of your data to
which you object.
Updates to
this Privacy Notice
93. I may update this Privacy Notice from time to time to ensure that it
remains accurate. In the event that these changes result in any material difference
to the manner in which I process your personal data then I will provide you
with an updated copy of the Policy.
94. This Privacy Notice was last updated on 13th May 2018.[HD12]
[HD1]Amend
as appropriate if this Privacy Notice is to be issued by a LLP or
partnership.
[HD2]To
be updated by the Consultant with the details which patients should use to
discuss data protection issues with them.
[HD3]This
is in square brackets because although Spire is requiring this approach for
Spire patients, is a matter entirely for each Consultant as to whether they do
so for their own patients.
[EP4]This
is in square brackets because although Spire is requiring this approach for
Spire patients, is a matter entirely for each Consultant as to whether they do
so for their own patients.
[HD5]To
be updated once the Consultant has finalised the rest of the contents of the
Privacy Notice. At the moment, these
provisions are set out at paragraphs 69 – 90.
[HD6]Note
to Consultants – 'marketing' will include using patient data for testimonials,
and so this should only be done with explicit consent.
[HD7]This
will need to be updated by Consultants if they undertake any automated decision
making e.g. for marketing purposes, or use medical equipment that makes
automated decisions such as diagnosis or proposing treatment plans .
[EP8]Consultants
must have a retention policy and a link should be included here.
[HD9]Consultants
should fill in here the details of any international data transfers which they
regularly undertake.
[HD10]Details
will have to be added here as to the basis upon which the country receiving the
data is felt to provide an adequate level of protection. For example, if it is the US then it is on
the basis of Privacy Shield, for certain countries it is on the basis of an EU
Commission decision whereas for others the Consultant will have had to assess
the adequacy for themselves.
If you are unable to meet the GDPR requirements for the
transfer, you may need to obtain individual patient consent.
[HD11]The
Consultant will need to review and update depending on whether they carry out
any automated processing.
[HD12]Consultant
to enter date on which most recent version of the Privacy Notice was finalised.