How we use your information

 

Privacy Notice

This Privacy notice describes how the Trust uses and manages the personal information it collects and holds about you, including how this information may be shared with other organisations, how its confidentiality is maintained and your rights.

Why do we collect and use your information – what is it for?

We may ask for or hold personal confidential information about you which will be used to support the delivery of treatment, management and the provision of high quality care.

We will only process your personal information where we have your consent or where we have a legal basis under data protection and health legislation

When you are referred to our services and attend any of our hospitals, clinics, surgeries or are seen at home, information about the care you receive is recorded in your health record. This information is required to make sure that we provide the best possible care and treatment.   The information recorded may be used for any of the following purposes;

NHS Digital has published a guide to confidentiality in health and social care that explains the various laws and rules about the use and sharing of confidential information. 

What personal information do we collect about you?

In order to carry out our activities and obligations as a NHS Trust we handle data such as:

Information is collected in a number of ways, via your healthcare professional, referral details from your GP or directly given by you and may be recorded in writing, digitally, or a mixture of both. It is important that you notify us of any changes to your personal details (e.g. address, contact number, next of kin).

How we keep your information confidential and safe?

Our aim is not to be intrusive, and we won’t ask irrelevant or unnecessary questions. The information you provide will be subject to rigorous measures and retained securely to make sure it can only be seen, accessed and/or disclosed to those who need to know.

We have policies and procedures that explain the approach within our Trust and our commitments and responsibilities to your privacy. 

Staff are trained to understand their duty of confidentiality and their responsibilities regarding the security of patient information both on our premises and when out in the community. 

If you believe your information is being viewed inappropriately we will investigate and report our findings to you. If we find someone has deliberately accessed records about you without permission or good reason, we will tell you and take action. This can include disciplinary action, or bringing criminal charges.

The Trust will endeavour to keep your information accurate, up-to-date and not kept for longer than necessary.  The NHS Retention Schedule sets out the minimum appropriate length of time each type of NHS record is retained. This can be viewed on the NHS Digital website http://systems.digital.nhs.uk/infogov/iga/rmcop16718.pdf. All records are destroyed confidentially in a secure way.

Protecting Children and Young people’s personal data

Children and young people’s data is afforded the same rights and protection as the data collected from adults. Children and young people are considered a ‘vulnerable’ group and therefore the Trust and others involved in their healthcare will always treat their data fairly and ensure that it is kept safe and secure.

When using or sharing children’s or young person’s data, we will always ensure that there is a legal reason for doing so or where relevant ask for their explicit consent.

Regardless of age, every person has a right to privacy and confidentiality. If a young person asks a health professional to keep their information confidential, even from those who hold parental responsibility, then that wish will be respected, unless there is a lawful reason to override this protection.

Why we share your information and who we share it with?

There are times when it is appropriate and necessary for us to share information about you and your healthcare with organisations and individuals to fulfil our role as an NHS organisation. 

These include

The Trust will not disclose confidential personal information to third parties unless we have your explicit consent or the health or safety of others is at risk or the law requires the Trust to disclose. Examples are the registration of a birth or death, reporting of an infectious disease, prevention, detection, investigation or prosecution of a serious crime, a court order or an insurance medical.

We will only give information to your relatives, friends and carers if you want us to and have given your permission.

What are your rights regarding your information

You have rights under data protection legislation but not all rights are absolute and will only apply in certain circumstances.  Your rights are

The Trust does not use processes which include solely automated decision making or profiling.

To exercise your rights to make a Subject Access Request, you can download a copy of the Access to Health Records form here, or write to:

Access to Health Records Office
Medical Records
Unit 9
Peter Green Way
Furness Business Park
Barrow-in-Furness
Cumbria
LA14 2PE

Email AccessToHealthRecords@mbht.nhs.uk

To exercise any other rights please contact the Data Protection Officer – contact details are listed below.

Withdraw consent to sharing your personal information

At any time, you have the right to refuse/withdraw consent to having your information shared. 

Where consent is withdrawn fully the possible consequences (i.e. lack of joined up care, delay in treatment if information has to be sources from elsewhere, medication complications; all leading to the possibility of difficulties in providing the best level of care) will be fully explained to you to allow you to make an informed decision.  To exercise this right refer to the Access to Health Records section.

Alternatively, the national data opt-out allows you to opt-out of your personal information being used for purpose beyond your individual care and treatment.  To find out more about the wider use of personal information and to register your choice to opt out if you do not want your data to be used in this way visit: https://www.nhs.uk/NHSEngland/thenhs/records/healthrecords/Pages/sharing-your-records.aspx

 If you do choose to opt out you can still consent to your data being used for specific purposes.

If you are happy with this use of information you do not need to do anything. You can change your choice at any time.

Further Information

If after having read this Privacy Notice you have any concerns about how your information is to be used, wish to learn more about how the Trust manages and maintains confidentiality of patient information, would like to request the notice in another accessible format or you do not want your information to be shared by the Trust then please speak to the health professionals concerned with your care, or contact

Data Protection Officer

University Hospitals of Morecambe Bay NHS Foundation Trust
Trust Headquarters
Westmorland General Hospital 
Burton Road
Kendal
Cumbria
LA9 7RG

Email: DataProtectionOfficer@mbht.nhs.uk

Or

Caldicott Guardian

University Hospitals of Morecambe Bay NHS Foundation Trust
Trust Headquarters
Westmorland General Hospital 
Burton Road
Kendal
Cumbria
LA9 7RG

(The Caldicott Guardian is the person who makes the final decision on how, what, when and why personal identifiable information will be used in the organisation and how it will be received / sent by the organisation).

For independent advice about data protection, privacy and data-sharing issues you can contact the Information Commissioner at

The Information Commissioner
Wycliffe House
Water Lane
Wilmslow,
Cheshire
SK9 5AF

Phone: 08456 30 60 60 or 01625 54 57 45

Website: www.ico.org.uk

Statement

University Hospitals of Morecambe Bay NHS Foundation Trust is a ‘Data Controller’ under the Data Protection Legislation. This means we are legally responsible for ensuring that all personal data that we hold and use is done so in a way that meets the current and future data protection principles. We must also notify the Information Commissioner about all of our data processing activity. Our registration number is Z2866193 and our registered entry can be found on the Information Commissioner’s website. www.ico.gov.uk 

We will not share, sell or distribute any of your personal information to any third party (other person or organisation) without your consent, unless required by Law.  Data collected will not be sent to countries where the Laws do not protect your privacy to the same extent as the law in the UK, unless rigorous checks on the security and confidentiality of that data are carried out in line with legal requirements.

Version Control

This is Version 0.4 of the University Hospitals of Morecambe Bay NHS Foundation Trust Fair Processing Notice and was published on 21st May 2018.

Updated May 2018

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