Privacy Policy

Medical Information:

In order to make sure you get the best possible health care; we keep information about you in your medical records. This information includes:

• Basic details about you, such as your name, address and next of kin
• Contacts we have had with you, such as visits to clinics
• Notes and reports about your health, any treatment and care you need or receive
• Results of investigations, such as x-rays and laboratory tests
• Information from other health professionals, relatives or those who care for you and know you well

Who can access your medical records in our organisation

You may be seen by a number of staff within Maudsley Private Care and may be transferred from one clinical service to another. The information you give to us will be available to all staff involved in your care.

Sharing information with other organisations

We will not give information about you to other organisations - such as housing departments, voluntary sector providers or education services - without your consent. However, there may be circumstances when either you or someone else might be at risk. In these circumstances, we have a legal obligation to share information with other organisations.

Why we need your personal information

We need to collect information about you mainly to provide you with health and care services.
The information that we collect is used for medical purposes that include:

• Preventative medicine
• Medical diagnosis
• Provision of direct care and treatment 

We collect your personal information so that your care team has accurate and up-to-date information to plan your treatment options.

Data Protection Law

The General Data Protection Regulation (GDPR) and Data Protection Act 2018 allow and regulate the processing of personal data. This includes where health and social care data are processed by a public authority, such as us.

Health and genetic data are amongst special categories of data requiring specific protection and are subject to additional controls. Providers of health and care are expected to:

Demonstrate satisfaction of conditions set out in Article 6 of the GDPR

Satisfy a condition under Article 9 of the GDPR when processing special categories of data, such as data concerning health 

Under Article 6, processing is permitted where it is:
“processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract (article 6 1 (b) .

Article 9(2) sets out the circumstances in which the processing of special categories of data, including data concerning health, which is otherwise prohibited, may take place. We process special category information on the basis of it being necessary to provide care and treatment, as outlined in the law below as follows:

9(2)(h) – Necessary for the purposes of preventative or occupational medicine, for assessing the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or management of health or social care systems and services on the basis Domestic law or a contract with a health professional

What information we collect about you

Health and care organisations have a legal duty to keep

This information is known as your ‘health record’ and is stored securely on managed systems.complete, accurate and up-to-date information about your health. This is so that you can receive the best possible care, both now and in the future.

The information stored includes:

Category	Data type
Identifiers	Your name, date of birth, NHS number
Contact details	Your address, telephone number, email address (if provided)
Support contact details	Names, contact details of carers, relevant close relatives, next of kin, representatives, and dependants
Physical, social or mental health situation or condition	Your medical history, treatments, test results, referrals, care plans, care packages, medication, medical opinions and other relevant support you are receiving
Protected characteristics	Your ethnicity, religion, sexual orientation, gender, which are required for equality monitoring and ensuring that the services are suitable and provided in the right way for the people being cared for
Other information we may collect	Criminal convictions, potential vulnerable characteristics for safeguarding purposes, risks (clinical and non-clinical risks)

Where we get your information from

Most of the information we collect about you is from:

• you
• your GP
• directly from you or a friend or relative
• other health and care organisations

Typically, we get information by referral. For example, if your GP decides you need an appointment with a hospital team or social care professional, they will provide those professionals with necessary information about you so that you can be supported appropriately. This may include identifiers, history, diagnosis and medications. This information is increasingly being made available electronically to improve the quality, safety and speed of delivery of care.

All care professionals and others working with them in care services have a legal duty to keep information about you confidential and secure and only use it for the purposes of providing and improving the care they provide. Similarly, anyone who receives information from us has a legal duty to keep it confidential.

Who we share information with

With your consent we will share your information with those health and care partners who are directly involved in your care. These may include:

• Local NHS hospitals
• Your GP practice
• Local voluntary and private care providers
• Urgent and emergency care services, such as NHS 111 and the London Ambulance Service

You may be receiving care from other people as well as Maudsley Private Care, for example social care services. Health and social care providers may need to receive or share some information about you if they have a genuine need. This may help them form a complete picture of your health needs and provide care and treatment that is most suited to your needs and preferences. They will only share information where it is necessary to providing the best standards for your care or with your permission.

If you have unpaid debts to Maudsley Private Care, we may need to pass your details to a debt recovery company to ensure the debt is paid.

We will not normally give your information to any other third party for any reason outside your individual care and treatment (or recovery of outstanding debts) without your permission. However, there may be exceptional circumstances where we may do so, such as if someone’s health and safety is at risk or if the law requires us to pass on information.

Why we share your information

People often access a range of services available to them to support their health and care needs. Care organisations are increasingly providing services in regional partnerships.

If care services do not share information about you, then they may be making decisions without the best available information. This may affect the quality and safety of care they give you.

You have a legal right to opt out of having your data shared between your care professionals. However, you should be aware of the risks to the safety and the quality of the care you receive.

Sharing information helps care professionals to work together across organisational boundaries. Up-to-date information about your health and care improves the quality of clinical decision making by care professionals. Health and care providers are increasingly using digital technology, subject to strict rules, to further improve your health. We will make every effort to inform you about new digital technology and point you to resources to help you access and use it securely. We will always respect your right to opt out if you do not wish to make use of it.

Other uses of your personal information

Using information for regulatory compliance

Under the Competition & Markets Authority (CMA) Private Healthcare Market Investigation Order 2014 (as amended), we are required to provide information to the Private Healthcare Information Network (PHIN). PHIN cannot directly identify you from any of the data they receive or any patient data they process. They do, however, recognise that the data they hold is still personal and confidential. You can find more about the data processed by PHIN and their legal basis in their privacy policy at phin.org.uk/about/our-privacy-policy.

Service evaluation contributes to the overall quality and effectiveness of clinical services to you and a group of people with a similar condition. This routine quality assessment of care services falls outside the scope of your direct care. It covers:

• Care services management
• Preventative care and medicine
• Health and social care research

Service evaluations are routinely undertaken using anonymised data. Where identifiable information is to be used, we will always do it lawfully and securely in a way that will always protect your privacy

Other ways your information is used

We may also use your personal data in the following areas:

• Any complaints you have made about services
• Any incidents you may have been involved in while you were receiving treatment and care from us
• Any paid, un-paid work with us, including your involvement in volunteering, public engagement or other projects (eg social, community, art, consultation) we run solely or with partners
• Any training, education, supervision delivered to you by us
• CCTV (closed-circuit television) and use of multimedia device

How we keep your information secure

As a health and care provider, we store and use large volumes of sensitive personal data every day, such as your health records. Your health records are stored electronically.

Other personal data and computerised information are stored on various other systems across your health and care providers. These systems are managed by NHS IT departments or under contract with an approved public framework supplier.

Find more information on how your information is kept securely on NHS information systems

Important information used by the Trust for your private care

Purpose	System name
Electronic health records	Semble
Electronic staff records	ESR
Complaint and incident records	Datix
Clinical observations	eOBS
Clinical incident records	SafeCare
Business intelligence	Microsoft BI
Translational research using de-identified data	CRIS (research pipeline)
Internal staff communication	Intranet
Staff rosters	eRoster
Workforce recruitment	TRAC
Workforce training and professional development	LEAP
Enterprise network and email	Office365 / UK Azure Cloud
Finance system	eFinancials
Procurement system	eProcurement (eFinancials module)
Invoicing system	ITSOFT
Contracts monitoring	Soles
IT service desk	BMC
Estates and facilities helpdesk	PlanetFM
VoIP	Cloud Telephony
Electronic prescription service	ePMA
Billing Company	MBC

The information we collect is used by people in their work for the purposes stated in this notice. We take our duty to protect your personal information and confidentiality very seriously. We are committed to taking all reasonable measures to ensure the confidentiality and security of personal data for which we are responsible, whether computerised or on paper.

We encrypt all outgoing email containing personal data

We review our information collection, storage and processing practices, including physical security measures, to guard against unauthorised access to systems

We provide training to all staff on how to handle all types of data

We manage and retain records in line with the NHS Records Management Code of Practice

At the most senior level, we have:

• A senior information risk owner who is accountable for the management of all information and any associated risks and incidents
• A Caldicott Guardian who is responsible for the management of patient information and patient confidentiality
• A data protection officer oversees all activities related to the use of data. They make sure data use is done within the law and best practice

You can contact these senior responsible officers by emailing us via dataprotectionrequests@slam.nhs.uk or writing to:

Information Governance
Maudsley Hospital
Denmark Hill
London
SE5 8AZ

Your legal rights

You have several rights under the data protection law:.

Your request must be made to the following address:

South London and Maudsley NHS Foundation Trust
Information Governance Office
Maudsley Hospital
Denmark Hill
London
SE5 8AZ

Email: dataprotectionrequests@slam.nhs.uk

a. Right to be informed: you have a right to be informed about uses of your information, with an emphasis on transparency. This fair processing notice, in support of other privacy notices makes sure that your right to be informed is upheld.

b. Right of access: you have a right to receive:

Confirmation of what information is recorded about you

Confirmation of how your information is used

Access to your personal health information and other information we hold

To exercise your right of access, you will be asked to complete a subject access request form (SAR), provide proof of identification and may be asked to explain exactly what information you require. This is not compulsory, however it will make it easier to deal with your request and for you to include all the details we might need to locate your information.

You will not be charged for this service.

Other people can also apply to access your health records on your behalf. These include anyone authorised by you in writing (such as a solicitor), or any person appointed by a court to manage your affairs if it decides you cannot manage them yourself.

c. Right to rectification: rectification means correcting inaccuracies or incomplete data we hold about you. This often applies to factual information only such as identifiers and next of kin. We are unable to remove or alter professional opinions that you may disagree with. You do however have the right to include your personal statements alongside professional opinions.

To rectify your information please contact your clinical team.

d. Right to deletion: in some circumstances you can request that we delete the information we hold about you. This right will apply only if the processing has been based on consent which is withdrawn, the processing of data is found not to be lawful or the information is no longer required. We will tell you about activities to which this right applies

There are exceptions to the right to deletion. Your health and care providers are legally required to maintain your records in accordance with the retention guide in the Record management code of practice for health and social care

e. Right to object: you do not have a general right to object to processing of your personal information for your individual care, however you can object if the information is used for a secondary purpose, such as:

• Marketing
• Scientific or historical research
• Statistical purposes
• Purposes in the public interest or under an official authority (e.g. NHS Act 2006)
• Public patient involvement groups

f. Right to restrict processing: the right to restrict processing means that, if you have disputed the accuracy of information, objected to its use or require data due for destruction to be maintained for a legal claim, you can have the data stored by the Trust but not allow other uses until the dispute is settled. To request restriction to processing, please contact the data protection officer.

We will respect your rights under the data protection legislation whether you are an adult or a child. We will respect the wishes of parents’ (or legal guardians’) in respect of data rights of children who are younger than 14 years old.

You should also tell us how you would like us to contact you. Your preferences may include post, text messaging and phone. You should notify your care team about your preferences and ask it to be recorded in your health and care record. You can change your mind later as long as you give timely notifications to your care team about any changes to your preferences.

Other bodies

There are some exceptional circumstances where we must share information with official bodies or other organisation about employees without their express permission. These include circumstances owing to a legal or statutory obligation. These bodies may include:

Disclosure and Barring Service

Home Office

Her Majesty’s Revenue and Customs (HMRC)

financial institutes, for example banks and building societies for approved mortgage references

educational, training and academic bodies

Department for Work and Pensions (DWP)

If you want to complain

If you think that information in your health records is wrong, please talk to the health professional looking after you and ask to have the record amended. You can also ask for the information to be amended by contacting the Information Governance team, if your request to have your records amended is not upheld because it is not deemed that the information is factually incorrect, we will add a statement of your views to the record.

Information Governance Team
South London and Maudsley NHS Foundation Trust
Maudsley Hospital
Denmark Hill
London
SE5 8AZ

Telephone: 020 3228 5174

Email: InformationGovernance@slam.nhs.uk 

If you are unhappy with our response, you have the right to complain to the Information Commissioner’s Office (ICO), which regulates and enforces the Data Protection Act.

For details of how to do this:

visit the ICO website at www.ico.org.uk

Further information

Please talk to the team looking after you if you want to know more about how we use your health records, or if you do not want your information used in any of the ways described in this leaflet.

Patient Advice and Liaison Service (PALS)

Freephone 0800 731 2864 or email us via pals@slam.nhs.uk