Data Protection Notice
1. About Kinmylies Medical Practice
Kinmylies Medical Practice is a local, independent medical practice, contracted to NHS Highland for the provision of primary care services to the local population within set geographical boundaries.
2. About the personal information we use
We hold personal information on different groups of individuals including:
Professional experts and consultants
The personal information we use includes information that identifies you like your name, address, date of birth and postcode.
The information we hold can relate to personal and family details; lifestyle and social circumstances; visual images; details held in the patient record.
3. Our purposes for using personal information
We use personal information to enable us to provide healthcare services for patients, research; supporting and managing our employees and maintaining our accounts and records.
4. Our legal basis for using personal information
Kinmylies Medical Practice, as data controller, is required to have a legal basis when using personal information.
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 substantial public interest for aims that are proportionate and respect people’s rights, for example research; 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 a clinical procedure.
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 NHS Boards and other 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
Current, past and potential employers
Healthcare social and welfare organisations
Suppliers, service providers, legal representatives
Auditors and audit bodies
Educators and examining bodies
People making an enquiry or complaint
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 NHS Scotland Information Security Policy.
8. 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 training in Data Protection and IT Security
Organisational policy and procedures on the safe handling of personal information
Access controls and audits of electronic systems
Signed confidentiality agreements
9. Your rights
The right to be informed
Kinmylies Medical 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
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 contacting:
The Practice Manager
Kinmylies Medical Practice
Once we have details of 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 time-scales 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 Kinmylies Medical Practice does not consider the personal information to be inaccurate then we will 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 Kinmylies Medical Practice has responded to your request for rectification we will provide you withinformation on how you can complain to the Information Commissioner’s Office, or how to take legal action.
The right to object
When Kinmylies 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 Kinmylies 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.
There are other rights under current Data Protection Law however these rights only apply in certain circumstances.
The right to complain
Kinmylies 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.
To be confirmed with NHS Highland - However, in the meantime, please contact the Practice Manager, Kinmylies Medical Practice.
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.