In order to meet our obligations under the General Data Protection Regulation and Data Protection Act 2018 the purpose of this notice is to inform you of the type of information (including personal information) that the CCG holds as a Data Controller.
Please click on the highlighted text within the notice for links to further information. Click the link for a Glossary of definitions used throughout this notice.
Data Controller: NHS Rotherham Clinical Commissioning Group
Address: Oak House, Bramley, Rotherham, S66 1YY
Data Protection Officer (DPO): eMBED Health Consortium
DPO Contact Details: email@example.com
NHS Rotherham Clinical Commissioning Group is responsible for planning and designing local health services in Rotherham. We do this by ‘commissioning’ or buying health and care services including:
We are also responsible for arranging unplanned care services for our registered patients and for commissioning services for any unregistered patients who live in Rotherham. All General Practices in Rotherham belong to our Clinical Commissioning Group.
We manage the performance of services that we commission to make sure that they are safe, provide high quality care and meet the needs of local people. Part of this performance management role includes responding to any concerns from our patients about these services.
The purpose of this notice is to inform you of the type of information (including personal information) that the CCG holds as a Data Controller, how that information is used, the legal basis for using the information, who we may share that information with, and how we keep it secure and confidential.
It covers information we collect directly from you or collect indirectly from other individuals or organisations for the CCG’s registered population.
This notice applies to all information held by the CCG relating to individuals, whether you are a patient, service user or a member of staff. This notice was last reviewed June 2018.
As a CCG we do not routinely hold medical records or confidential patient data with some limited exceptions. We need to use information about you in various forms and will only use the minimum amount of information necessary for that purpose. Where possible we will use information that does not identify you.
The CCG uses and processes several different types of information:
Throughout this Notice you will see reference to an organisation called NHS Digital. They are the national provider of information, data and IT systems for commissioners (such as the CCG), analysts and clinicians in health and social care. NHS Digital provides information based on identifiable data passed securely to them by Primary and Secondary Care Providers who are legally obliged to provide this information.
Our records may be held on paper or in a computer system.
We use anonymised data to plan health care services including:
We use de-identified information in our role as commissioner including:
There are some categories of personal data for which special safeguards are required by law, known as special category or sensitive data. This includes records relating to health, sex life, race, ethnicity, political opinions, trade union membership, religion, genetics and biometrics.
The following list includes examples of where we collect and use personal information. Please click on each of the following examples for information on the purpose, the type of information used, the legal basis identified for the collection and use of the information, how we collect and use the information required, any third parties we may share the information with and your rights regarding the use of the information including, where relevant, your right to opt out.
Patient and the Public Information
The CCG as an NHS Employer needs to process information in relation to staff. This information is used in a variety of ways to ensure staff are paid, that the CCG complies with employments law, or to provide other services related to their employment. For more details about how staff information is used please click on the following:
Information Sharing Agreements and contracts will be in place ensuring that where we share information, this meets both the requirements of the Health and Social Care Act 2012 and the current Data Protection legislation ensuring that your confidentiality and rights are not breached.
The CCG is actively working with health and social care partners to ensure that where you receive a referral, for example for community services, all the relevant information that organisation requires in order to offer you the right service is available. We are also working with the hospitals that provide services to our population to ensure that if you find yourself in an emergency situation, relevant and potentially lifesaving information from your GP record will be available, showing any latest tests and any allergies you may suffer from, which the hospital clinicians will need to know.
Whenever a new arrangement is made to share information externally, both with health and social care organisations and with third party suppliers, we will ensure that a legal basis has been identified, using a tool called a Data Protection Impact Assessment, which will highlight any risks to your information and ensure they are resolved before any sharing takes place.
We are committed to protecting your privacy and will only process personal confidential data in accordance with the General Data Protection Regulation, the Data Protection Act 2018, the Common Law Duty of Confidentiality, Professional Codes of Practice and the Human Rights Act 1998.
In the circumstances where we are required to use personal identifiable information we will only do this if:
Everyone working for the NHS has a legal and contractual duty to keep information about you confidential.
All identifiable information that we hold about you will be held securely and confidentially. We use administrative and technical controls to do this. All health and social care organisations are required to provide annual evidence of compliance with applicable laws, regulations and standards through the Data Security and Protection toolkit.
Our staff, contractors and committee members receive appropriate and ongoing training to ensure that they are aware of their personal responsibilities and have contractual obligations to uphold confidentiality, enforceable through disciplinary procedures. Staff are trained to ensure how to recognise and report and incident and the organisation has procedures for investigating, managing and learning lessons from any incidents that occur.
Your information will not be sent outside of the United Kingdom where the laws do not protect your privacy to the same extent as the law in the UK. We will never sell any information about you.
The CCG maintains a set of regularly updated policies and procedures covering all aspects of information governance. These can be found here:
Under the General Data Protection Regulation all individuals have certain rights in relation to the information which the CCG holds about them. Not all rights apply equally to all our processing activity as certain rights are not available depending on the lawful basis for the processing.
When you view an entry in our ‘Use of Personal and Sensitive Information’, we have highlighted which rights apply and which may not. To help understand why some may not apply the following should help.
Examples of where rights may not apply - where our lawful basis is:
If you require further detail each link below will take you to the Information Commissioner’s Office’s website where further detail is provided in section ‘When does the right apply’.
These rights are:
Under the NHS Constitution you have the right to privacy and to expect the NHS to keep your information confidential and secure.
You have the right to be informed about how your information is used.
You have the right to request that your confidential information is not used beyond your own care and treatment, and to have your objections considered and where your wishes cannot be followed, to be told the reasons including the legal basis.
A new system is being developed which will allow people to opt out of their confidential patient information being used for reasons other than their 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 just for their individual care and treatment or also used for research and planning purposes. Details of the national patient opt out can be found here: https://www.nhs.uk/your-nhs-data-matters/
If we do hold identifiable information about you, you can ask us to correct any mistakes by contacting us at the address below. If you have any questions or complaints regarding the information we hold about you or the use of your information, please contact:
Address: NHS Rotherham Clinical Commissioning Group
Oak House, Bramley, Rotherham, S66 1YY
DATA PROTECTION OFFICER – QUERIES REGARDING DATA PROTECTION ISSUES
New legislation (General Data Protection Regulation and Data Protection Act 2018) mandates that the CCG appoint a Data Protection Officer (DPO). This is because we are a public body.
The DPO will assist us to monitor internal compliance, inform and advise on data protection obligations and act as a contact point for data subjects (members of the public and employees) where there are concerns or queries regarding Data Protection. The DPO will also act as a contact point for communication with the Information Commissioner’s Office.
The CCG has appointed a shared service to deliver the DPO role provided by eMBED Health Consortium.
If you wish to contact the DPO then please use the following contact details stating in the heading which organisation you are enquiring about:
For independent advice about data protection, privacy and data-sharing issues, or to make a complaint about our handling of your information you can contact:
The Information Commissioner
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Phone: 0303 1231113 or 01625 54 57 45