The Patient Advice and Liaison Service (PALS) offers confidential advice, support and information on health-related matters for patients, families and carers.

They are a great first point of call if you have any questions or concerns when you are using NHS services. For example, you may wish to find out about an outpatient appointment or you have a concern about hospital services.

For services in Leeds information can be found at:

• Leeds Teaching Hospitals Trust PALS for hospital services
• Leeds Community Healthcare NHS Trust Patient Experience Team for community services
• Leeds and York Partnership NHS Foundation Trust PALS for mental health services

A zero tolerance policy towards violent, threatening and abusive behaviour is now in place throughout the NHS. The doctors, nurses and staff in this practice have the right to do their work in an environment free from violent, threatening or abusive behaviour and everything will be done to protect that right.

At no time will any such behaviour be tolerated in this practice. If you do not respect the rights of our staff we may choose to inform the police and make arrangements for you to be removed from our medical list.

Our Policy and Procedure for Dealing with Inappropriate Behaviour by Patients

We understand that when issues arise within the service patients receive it can be very difficult and frustrating. We encourage patients to follow our complaints process if they are unhappy with any element of our service and not react to staff in any way that infringes upon their right to work in an environment free from violent, threatening or abusive behaviour.

If we do become aware of any inappropriate behaviour by patients we will write to patients to highlight that we consider their behaviour or actions to be inappropriate and reiterate the standards we expect from patients and offer to help to resolve any issues and provide any support needed to access the services we provide. If patients continue to behave in ways that are unacceptable we will then consider removing them from our practice list.

• Policy and Procedure for Dealing with Inappropriate Behaviour by Patients

The General Data Protection Regulations came into force on the 25th May 2018 – here are some questions you may have about how the regulations affect your rights regarding to your health care record.

How do I find out what data you hold on me and who you share it with?

We post our full Privacy Notice (sometimes referred to as a Fair Processing notice) on our website.

In this document you can find detailed information on the data we collect, why we collect it, the people we share data with it and who to make enquiries to about your data.

I have heard that under the GDPR I can ask to see my medical records – is this correct?

It is – but this is not a new right and has in fact been the case since 1998.

When you make an application to view your medical record it is called a Subject Access Request.

Usually patients ask because they want to see a specific piece of information or information relating to a specific appointment or time or illness.

The main way we encourage patients to view medical records in general practice is through signing up to view your medical records online. Most practices will give you a form to apply for Online Records at any time.

We will normally be able to respond to your Subject Access Request within 30 days unless it is very complex information you are requesting in which case we will let you know of the delay.

There is no charge for requesting access to your health data.

If you ask to see your records you may be asked to fill out a form and will be asked to provide proof of your identify.

Occasionally patients request access to their entire medical record including old data that is only held in paper form. If this is the case and the record is lengthy we may levy a fee based on the time and cost of providing the copy.

You may also be charged if you put repeated requests in for the same data.

I have heard that I can have my data corrected or ‘rectified’ – is this true?

You have the right to have any factual inaccuracies corrected.

We encourage you to let us know if you have given us some information and it is not correct in your records such as your DOB, address etc. Ask your health professional about amending your records if you believe they contain a factual error relating to your health information.

There is no obligation to amend professional opinion, however sometimes it is difficult to distinguish between fact and opinion. Where you and the health professional cannot agree on whether the information in question is accurate you can ask that a statement is included to set out that the accuracy of the information is disputed by you.

I have heard under the GDPR I have the right to data portability? Can I take my records with me when I transfer to another practice?

Data portability allows individuals to obtain and reuse their personal data for their own purposes across different services.

This does not apply to the information in your heath record which is collected under the legal basis of ‘Public Task’. The right to ‘data portability’ applies to personal data an individual has provided, where the processing is based on the individual’s consent or for the performance of a contract; and when processing is carried out by automated means.

However in the UK if you move from a practice your electronic health record does follow you automatically and securely to your new practice.

I want the practice to stop processing my data – do I have this right?

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.

However GPs are obligated under both medico-legal and contractual reasons to maintain accurate records and would be unable to provide safe provision of direct care and processing which is necessary for compliance with a legal obligation if you withdraw processing consent for your care and treatment.

I have heard under new rules I can ask my data to be deleted – is this true?

You have the right to request this however as a practice we cannot ‘delete’ GP health data – legally we are bound to retain health records for the lifetime of a patient and at least 10 years after death.

When you move on to another practice your file is ‘archived’ and restricted at your old practice but we cannot ‘delete’ your health record.

Don’t you need my explicit consent (i.e. clearly stated) to process my data – why haven’t you asked me for this?

For direct care the lawful basis for processing special category health data is that processing is: ‘necessary… in the exercise of official authority vested in the controller’ (Article 6(1)(e)).12

The special category condition for processing for direct care is that processing is: ‘necessary for the purposes of preventative or occupational medicine for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services…’ (Article 9(2)(h)).

Neither of these legal basis rely on consent and it would be misleading/disingenuous to ask for your consent as we would be unable to provide care to you if you refused.

The one occasion when we will seek your explicit consent is when you have given instruction to release any of your medical records to solicitors/insurers.

The Summary Care Record is a national electronic record which contains information about your current medication and any allergies or adverse reactions that you may have.

Having this information stored in one place makes it easier for healthcare staff to treat you in an emergency.

Who is my data shared with and why?

The National Care Record Service (NCRS) for sharing important summary clinical data nationwide for emergency direct care purposes. For example, if you were admitted to hospital in a different part of the country this record would enable the doctors to see vital information about your care.

What is shared?

Medication, Allergies, Drug reactions, optionally specific Read coded entries (called rich SCR).

How is the data shared?

Access is restricted to NHS Smartcard holders in Hospitals, Out of Hours Services and GPs.

How is consent given?

Implied consent with patient opt out via Read Code and requirement to explicitly opt in for Rich SCR.

How do I get more information?

You can also visit the NHS Care Records website or download the NHS Care Record Guarantee.

This notice explains how Kirkstall Lane Medical Centre will collect, look after, use or otherwise process your personal data. “Personal data” is information relating to you as a living, identifiable individual.

• How is my information collected and looked after?

Who is responsible for my information?

Dr Catherine Richards is the data controller for your information and is responsible for looking after your record while you are a registered patient. The person with the key responsibility for data protection and security is Evie King.

The Data Protection Officer for Kirkstall Lane Medical Centre is Evie King, evie.hewitt@nhs.net.

Any queries or concerns should be raised with the practice first.

Why do we collect information about you?

As health professionals, we maintain records about you in order to support your care. By registering with the practice, your existing records will be transferred to us from your previous practice so that we can keep them up to date while you are our patient. If you do not have a previous medical record (a new-born child or coming from overseas, for example), we will create a medical record for you. We take great care to ensure that your information is kept securely, that it is up to date, accurate and used appropriately. All of our staff are trained to understand their legal and professional obligations to protect your information and will only look at your information if they need to.

What information do we hold about you?

• Details about you, such as your name, address, carers, biological gender, gender identity, ethnic origin, date of birth, legal representatives and emergency contact details
• Any contact the surgery has had with you, such as appointments, clinic visits, emergency appointments, etc.
• Notes and reports about your health
• Details about your treatment and care
• Results of investigations such as laboratory tests, x-rays, etc.
• Relevant information from other health professionals, relatives or those who care for you

How is my information stored?

Our practice uses a clinical records programme called SystmOne which is where any electronic information about you will be stored. Any information held in paper records is stored securely at the practice. We use a combination of working practices and technology to ensure that your information is kept confidential and secure.

What is the legal basis that we use to process your information?

We are required to tell you the legal basis that is used for the various ways we process and use your data. The following table sets the main ways your personal data may be used and the corresponding legal basis and category of data. Each purpose is covered in more detail within this notice to explain what these mean in more practical terms.

 

When is my information shared?

We are committed to protecting your privacy and will only use information collected lawfully in accordance with:

• Data Protection legislation
• Human Rights Act 1998
• Common Law Duty of Confidentiality
• Health and Social Care Act 2012
• NHS Codes of Confidentiality, Information Security and Records Management
• Information: To Share or Not to Share Review

How long does the practice hold my information?

As long as you are registered as a patient with Kirkstall Lane Medical Centre, your paper records are held at the practice along with your GP electronic record. If you register with a new practice, they will initiate the process to transfer your records. The electronic record is transferred to the new practice across a secure NHS data-sharing network and all practices aim to process such transfers within a maximum of 8 working days. The paper records are then transferred via Primary Care Services England (operated on behalf of NHS England by Capita) which can take longer. Primary Care Services England also look after the records of any patient not currently registered with a practice and the records of anyone who has died.

Once your records have been forwarded to your new practice (or after your death forwarded to Primary Care Services England), a cached version of your electronic record is retained in the practice and classified as “inactive”. If anyone has a reason to access an inactive record, they are required to formally record that reason and this action is audited regularly to ensure that all access to inactive records is valid and appropriate. We may access this for clinical audit (measuring performance), serious incident reviews, or statutory report completion (e.g., for HM Coroner).

Change of Details

It is important that you tell us if any of your details such as your name or address have changed or if any of your details such as date of birth is incorrect in order for this to be amended. You have a responsibility to inform us of any changes so our records are accurate and up to date for you.

How can I see what information you hold about me?

You have a right under data protection legislation to request to see what information the practice holds about you. You also have the right to ask for inaccuracies to be corrected and in some circumstances you have the right to request that we stop processing your data. Some of these rights are not automatic and we reserve the right to discuss with you why we might not comply with a request from you to exercise them.

If you make a Subject Access Request, we will:

• describe the information we hold about you
• tell you why we are holding that information
• tell you who it might be shared with
• at your request, provide a copy of the information in an easy to read form.

In order to request this, you need to do the following:

• Your request must be made in writing – for information from the hospital you should write direct to them
• We will provide electronic copies (via online access, by email or on CDROM) free of charge.
• We are required to respond to you within 1 month.

You will need to give enough information (for example full name, address, date of birth, NHS number and details of your request) so that your identity can be verified and your records located.

In some circumstances there may be a charge to have a printed copy of the information held about you. If this is the case, this will be discussed with you before any charge is made.

If you would like to make a Subject Access Request or have any further questions, please contact our Practice Manager.

HOW IS MY INFORMATION USED?

For provision of direct care:

In the practice, individual staff will only look at what they need in order to carry out such tasks as booking appointments, making referrals, giving health advice or provide you with care.

Sometimes your information may be used to run automated calculations. These can be as simple as calculating your Body Mass Index but they can be more complex and used to calculate some risks to your health that we should consider with you. The ones we use in practice include Qrisk (cardiovascular risk assessment – usually following an NHS Healthcheck), Qdiabetes (diabetes risk assessment) and eFI (electronic frailty index). Whenever we use these profiling tools, we assess the outcome on a case-by-case basis. No decisions about individual care are made solely on the outcomes of these tools but they are used to help us assess and discuss your possible future health and care needs with you.

We share information about you with other health professionals where they have a genuine need for it to support your care, as follows.

For commissioning and healthcare planning purposes:

In some cases, for example when looking at population healthcare needs, some of your data may be shared (usually in such a way that you cannot be identified from it). The following organisations may use data in this way to inform policy or make decisions about general provision of healthcare, either locally or nationally.

• Leeds City Council: Public Health, Adult or Child Social Care Services
• Embed Health Consortium (NHS commissioning support unit)
• Leeds Clinical Commissioning Group
• NHS Digital (Formerly known as (HSCIC)
• The ResearchOne Database (linked to the SystmOne clinical system).
• Other data processors which you will be informed of as appropriate.

 

In order to comply with its legal obligations we may send data to NHS Digital when

directed by the Secretary of State for Health under the Health and Social Care Act 2012.

 

This practice contributes to national clinical audits and will send the data which are required

by NHS Digital when the law allows. This may include demographic data, such as date of birth,

and information about your health which is recorded in coded form, for example, the clinical

code for diabetes or high blood pressure.

 

For research purposes:

Research data is usually shared in a way that individual patients are non-identifiable. Occasionally where research requires identifiable information you may be asked for your explicit consent to participate in specific research projects. The surgery will always gain your consent before releasing any information for this purpose.

Where specific information is asked for, such as under the National Diabetes audit, you have the choice to opt of the audit.

For safeguarding purposes, life or death situations or other circumstances when we are required to share information:

We may also disclose your information to others in exceptional circumstances (i.e. life or death situations) or in accordance with Dame Fiona Caldicott’s information sharing review (Information to share or not to share).

For example, your information may be shared in the following circumstances:

• When we have a duty to others e.g. in child protection cases
• Where we are required by law to share certain information such as the birth of a new baby, infectious diseases that may put you or others at risk or where a Court has decided we must.

When you request to see your information or ask us to share it with someone else:

If you ask us to share your data, often with an insurance company, solicitor, employer or similar third party, we will only do so with your explicit consent. Usually the requesting organisation will ask you to confirm your consent, often in writing or electronically. We check that consent before releasing any data and you can choose to see the information before we send it.

Please see how we use your information under our policies section for more details of how your personal data is shared electronically within the NHS locally & nationally and your choices about being included in these sharing agreements.

OBJECTIONS/CONCERNS/COMPLAINTS

If you are happy for your data to be extracted and used for the purposes described in this notice then you do not need to do anything.

Should you have any concerns about how your information is managed at the practice, please contact the practice manager. If you are still unhappy following a review by the GP practice, you can then complain to the Information Commissioners Office (ICO) via their website www.ico.org.uk, casework@ico.org.uk, telephone: 0303 123 1113 (local rate) or 01625 545 745

Sharing your information.

How can be my information be viewed outside of Kirkstall Lane Medical Centre? Your health information can be shared both locally and nationally at differing levels of detail:

For direct care locally in Leeds: Leeds Care Record
Patients in Leeds are able to benefit from the sharing of information via the Leeds Care Record. This shares contact details, diagnosis list, medications, allergies, test results, referrals & letters and care plans between health professionals in Leeds. Information is shared by GP practices, the Hospital trusts, Community and Mental Health services, and Social Care.

You have the right to object to your Leeds Care Record being shared by contacting them directly. Details are available via their website.

Download a leaflet on Leeds Care Record.

Leeds Care Record Leaflet

You can opt in and out of these sharing agreements whenever you choose. Details of these schemes are as follows:

Nationally for direct care: Summary Care Record – sharing your information for your care across the NHS.

Your core Summary Care Record is created when you register at a GP practice (although you should be given the option to opt in/out during your registration). If you do not express a preference, it is currently assumed that your consent is implied.

The Summary Care Record shares only your contact details, medications and allergies with other healthcare professionals involved in your care.

You can also choose to share a Summary Care Record with Additional Information. This shares contact details, medications, allergies, diagnosis list, care plans, end of life care and immunisations with other healthcare professionals. Sensitive data is excluded. A Summary Care Record with Additional Information will only be created for you if you explicitly choose this option. All current and past information is shared for each category.

Choosing to share a summary care record with additional information is thought to be of great benefit if you are admitted to hospital locally or elsewhere in the UK.

You can opt out of sharing any of your information in a Summary Care Record. If you decide not to share this will not affect your entitlement to care. However, it could result in the delivery of your care being less efficient as other health professionals will not have access to these parts of your medical history.

Further details are available in this leaflet.

Summary Care Record Leaflet

You can change your mind about your Summary Care Record at any time.

To register or change your Summary Care Record preferences, please speak to a member of our reception team.

Nationally: The national data-out. For purposes beyond direct care.

NHS Digital is developing a new system to support the national data opt-out which will give patients more control over how identifiable health and care information is used for reasons other than your 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 for purposes beyond their direct care such as research and planning purposes.

In the past, you may have already chosen to prevent your identifiable data leaving NHS Digital, known as a Type 2 opt-out. All existing Type 2 opt-outs will be converted to the new national data opt-out and this will be confirmed by a letter to all individuals aged 13 or over with an existing Type 2 in place. Once the national data opt-out is launched, it will no longer be possible to change preferences via local GP practices.

The national data opt-out is due to be launched on 25 May 2018.

More information is available via this link.

More information about health and care records in general can be found on the NHS website here: NHS Choices

If you have any queries or concerns about how your information is handled, please do not hesitate to contact our Practice Manager for further information.

Data shared with who and why?

Many GP practices in Leeds, the out of hours on-call Doctor service and any other organisation who uses the SystmOne (S1) clinical system.

This means that if we refer you to a service that is already using S1, the person you go and see will have access to your full GP record and visa versa. This allows for safer care and means you have to repeat your storey less often.

What is shared?

All data unless specific items are marked as private.

How is the data shared?

Access is restricted to NHS Smartcard holders in Hospitals, Out of Hours Services, Community Health and GPs.

How is consent given?

Initial implied consent with explicit consent for a share in and out at each organisation.

How do I get more information?

For further detailed information on how the record sharing works in our system please read the TPP patient leaflet.

We are in the process of asking your sharing preferences regarding your full detailed electronic record. We are telling you about this, as you have a choice to make. You can choose to share or not to share your full electronic record with other NHS care services where you are treated and whether we can view records held by those other services.

If you choose to make your record shareable, your clinical details will only viewable by clinical teams who are treating you.

Each clinical team which cares for you now or in the future will ask your permission to view your shared record. You can also ask for part of your record to be made private – not shareable. All record accesses are recorded and auditable. If you choose not to make your records shareable, we will respect your wishes and will do our best to make your care safe and efficient. However, denying the clinical teams caring for you the ability to access important clinical details could compromise your care.

You Have Two Choices:

• • Sharing Out – This controls whether your full electronic patient record can be shared with other NHS care services where you are treated.

Let us know if your records should be Shareable or Not Shareable.

• • Sharing In – This controls whether you agree for this service to view the information you’ve agreed to share at other NHS care services.

Let us know if we can view your shared record from elsewhere or if you do not want it to be viewable to us.

In the event of an emergency: In certain circumstances, such as if you are unconscious or there is a court order, healthcare staff may look at your record without asking you. If they have to do this, a note will be made on your record. If we share information without your permission, we will make sure that we keep to the Data Protection Act 1998, the NHS confidentiality code of practice and other national guidelines on best practice.

If you are registered with us this is how you can view your GP medical records online

This GP practice is taking part in an important national project about diabetes care and treatment in the NHS. The project is called the National Diabetes Audit (NDA).

To take part, your GP practice will share information about your diabetes care and treatment with the NDA. The type of information, and how it is shared, is controlled by law and enforced by strict rules of confidentiality and security.

For further information about how your information is used please see the NDA patient information leaflet. Taking part in the NDA shows that this GP practice is committed to improving care for people with diabetes.

If you do not want your information to be used, please inform the receptionist, your GP or nurse. This will not affect your care.

(Extended Opening Hours)

How we use your information to deliver extended opening hours as a GP Network.

How we use your information to provide primary care support to Accident and Emergency Services in Hospitals in Leeds