COVID-19 Privacy Notice

COVID-19 Privacy Notice

(This Privacy Notice is to run alongside our standard Practice Privacy Notice)

Due to the unprecedented challenges that the NHS and we, Umbrella Medical [Lichfield St Surgery, Holland Park Surgery, Mossley Fields Surgery, Sycamore House Medical Centre and The Limes Medical Centre] face due to the worldwide COVID-19 pandemic, there is a greater need for public bodies to require additional collection and sharing of personal data to protect against serious threats to public health.

In order to look after your healthcare needs in the most efficient way we, Umbrella Medical [Lichfield St Surgery, Holland Park Surgery, Mossley Fields Surgery, Sycamore House Medical Centre and The Limes Medical Centre] may therefore need to share your personal information, including medical records, with staff from other GP Practices including Practices within our Primary Care Network, as well as other health organisations (i.e. Clinical Commissioning Groups, Commissioning Support Units, Local authorities etc.) and bodies engaged in disease surveillance for the purposes of research, protecting public health, providing healthcare services to the public and monitoring and managing the Covid-19 outbreak and incidents of exposure.

The Secretary of State has served notice under Regulation 3(4) of the Health Service (Control of Patient Information) Regulations 2002 (COPI) to require organisations to process confidential patient information in the manner set out below for purposes set out in Regulation 3(1) of COPI.

Purpose of this Notice

The purpose of this Notice is to require organisations such as Umbrella Medical [Lichfield St Surgery, Holland Park Surgery, Mossley Fields Surgery, Sycamore House Medical Centre and The Limes Medical Centre] to process confidential patient information for the purposes set out in Regulation 3(1) of COPI to support the Secretary of State’s response to Covid-19 (Covid-19 Purpose). “Processing” for these purposes is defined in Regulation 3(2) and includes dissemination of confidential patient information to persons and organisations permitted to process confidential patient information under Regulation 3(3) of COPI. This Notice is necessary to require organisations such as Umbrella Medical [Lichfield St Surgery, Holland Park Surgery, Mossley Fields Surgery, Sycamore House Medical Centre and The Limes Medical Centre] to lawfully and efficiently process confidential patient information as set out in Regulation 3(2) of COPI for purposes defined in regulation 3(1), for the purposes of research, protecting public health, providing healthcare services to the public and monitoring and managing the Covid-19 outbreak and incidents of exposure.

Requirement to Process Confidential Patient Information

The Secretary of State has served notice to recipients under Regulation 3(4) that requires Umbrella Medical [Lichfield St Surgery, Holland Park Surgery, Mossley Fields Surgery, Sycamore House Medical Centre and The Limes Medical Centre] to process confidential patient information, including disseminating to a person or organisation permitted to process confidential patient information under Regulation 3(3) of COPI.

Umbrella Medical [Lichfield St Surgery, Holland Park Surgery, Mossley Fields Surgery, Sycamore House Medical Centre and The Limes Medical Centre] is only required to process such confidential patient information:

  • where the confidential patient information to be processed is required for a Covid-19 Purpose and will be processed solely for that Covid-19 Purpose in accordance with Regulation 7 of COPI
  • from 20th March 2020 until 30th September 2020.

Covid-19 Purpose.

A Covid-19 Purpose includes but is not limited to the following:

  • understanding Covid-19 and risks to public health, trends in Covid-19 and such risks, and controlling and preventing the spread of Covid-19 and such risks
  • identifying and understanding information about patients or potential patients with or at risk of Covid-19, information about incidents of patient exposure to Covid-19 and the management of patients with or at risk of Covid-19 including: locating, contacting, screening, flagging and monitoring such patients and collecting information about and providing services in relation to testing, diagnosis, self-isolation, fitness to work, treatment, medical and social interventions and recovery from Covid-19
  • understanding information about patient access to health services and adult social care services and the need for wider care of patients and vulnerable groups as a direct or indirect result of Covid-19 and the availability and capacity of those services or that care
  • monitoring and managing the response to Covid-19 by health and social care bodies and the Government including providing information to the public about Covid-19 and its effectiveness and information about capacity, medicines, equipment, supplies, services and the workforce within the health services and adult social care services
  • delivering services to patients, clinicians, the health services and adult social care services workforce and the public about and in connection with Covid-19, including the provision of information, fit notes and the provision of health care and adult social care services
  • research and planning in relation to Covid-19.

Recording of processing

A record will be kept by Umbrella Medical [Lichfield St Surgery, Holland Park Surgery, Mossley Fields Surgery, Sycamore House Medical Centre and The Limes Medical Centre] of all data processed under this Notice.

Sending Public Health Messages

Data protection and electronic communication laws will not stop Umbrella Medical [Lichfield St Surgery, Holland Park Surgery, Mossley Fields Surgery, Sycamore House Medical Centre and The Limes Medical Centre] from sending public health messages to you, either by phone, text or email as these messages are not direct marketing.

Digital Consultations

It may also be necessary, where the latest technology allows Umbrella Medical [Lichfield St Surgery, Holland Park Surgery, Mossley Fields Surgery, Sycamore House Medical Centre and The Limes Medical Centre] to do so, to use your information and health data to facilitate digital consultations and diagnoses and we will always do this with your security in mind.

Research and Pandemic Planning

The Secretary of State has directed NHS Digital to collect, process and analyse data in connection with COVID-19 to support the Secretary of State’s response to COVID-19 and support various COVID-19 purposes set out in the COVID-19 Public Health Directions 2020, 17 March 2020 (as amended) (COVID-19 Direction) and below. This enables NHS Digital to collect data and analyse and link the data for COVID-19 purposes with other data held by NHS Digital.

The purpose of the data collection is also to respond to the intense demand for General Practice data to be shared in support of vital planning and research for COVID-19 purposes, including under the general legal notice issued by the Secretary of State under Regulation 3(4) of the Health Service (Control of Patient Information) Regulations 2002 (COPI).

NHS Digital has therefore been requested by the joint co-chairs of the Joint GP IT Committee (JGPITC) (the BMA and RCGP) to provide a tactical solution during the period of the COVID-19 pandemic to meet this demand and to relieve the growing burden and responsibility on General Practices. On 15 April 2020 the BMA and RCGP therefore gave their support via JGPITC to NHS Digital’s proposal to use the General Practice Extraction Service (GPES) to deliver a data collection from General Practices, at scale and pace, as a tactical solution to support the COVID-19 response in the pandemic emergency period.

It is a requirement of the JGPITC that all requests by organisations to access and use this data will need to be made via the NHSX SPOC COVID-19 request process that will triage and prioritise these requests and refer appropriate requests on to the NHS Digital Data Access Request Service (DARS).   NHS Digital will consult with representatives of the BMA and the RCGP on all requests for access to the data. An outline of the process for this agreed with the BMA and the RCGP is published here. Requests by organisations to access record level data from this collection will also be subject to Independent Group Advising on the Release of Data (IGARD) consideration. Data applicants will need to demonstrate they have a lawful basis to access the data for COVID-19 purposes.

Benefits of this sharing

Organisations, including the Government, health and social care organisations and researchers need access to this vital data for a range of COVID-19 purposes, to help plan, monitor and manage the national response to the COVID-19 pandemic, which will help save lives. COVID-19 purposes for which this data may be analysed and used may include:

  • understanding COVID-19 and risks to public health, trends in COVID-19 and such risks, and controlling and preventing the spread of COVID-19 and such risks
  • identifying and understanding information about patients or potential patients with, or at risk of COVID-19, information about incidents of patient exposure to COVID-19 and the management of patients with or at risk of COVID-19 including: locating, contacting, screening, flagging and monitoring such patients and collecting information about and providing services in relation to testing, diagnosis, self-isolation, fitness to work, treatment, medical and social interventions and recovery from COVID19
  • understanding information about patient access to health services and adult social care services as a direct or indirect result of COVID-19, and the availability and capacity of those services
  • monitoring and managing the response to COVID-19 by health and social care bodies and the Government including providing information to the public about COVID-19 and its effectiveness and information about capacity, medicines, equipment, supplies, services and the workforce within the health services and adult social care services
  • delivering services to patients, clinicians, the health services and adult social care services workforce and the public about and in connection with COVID-19, including the provision of information, fit notes and the provision of health care and adult social care services; and
  • research and planning in relation to COVID-19.

Data may be analysed and linked to other data held by NHS Digital or held by other organisations to which access to the data is granted for COVID-19 purposes, through the process described above.

Data will be collected nationally from all GP Practices by NHS Digital every fortnight. All requests to access this data will be triaged through the NHSX SPOC COVID-19 request process and assessed and fulfilled by NHS Digital through DARS. This will significantly reduce the burden on General Practice at a time when demand on resources is high, enabling General Practice to focus on delivering health care and support to patients. It will also reduce compliance burden and risk for General Practice associated with sharing data and complying with the terms of the general legal notice issued under COPI, which applies to General Practices.

Legal Basis for this collection

NHS Digital has been directed by the Secretary of State under section 254 of the 2012 Act under the COVID-19 Direction to establish and operate a system for the collection and analysis of the information specified for this service: GPES Data for Pandemic Planning and Research (COVID-19). A copy of the COVID-19 Direction is published here:  https://digital.nhs.uk//about-nhs-digital/corporate-information-and-documents/directions-anddata-provision-notices/secretary-of-state-directions/covid-19-public-health-directions-2020.

Details of the information to be collected can be found on the NHS Digital website – Specification of this DPN. Type 1 objections will be upheld in collecting this data from General Practices and therefore the data for those patients who have registered a Type 1 objection with their GP will not be collected. The Type 1 objection prevents an individual’s personal identifiable confidential information from being shared outside of their GP Practice except when it is being used for the purposes of their direct care. The National Data Opt-Out will not apply to the collection of the data, as this is a collection which is required by law.

This information is required by NHS Digital under section 259(1) (a) of the 2012 Act to comply with the COVID-19 Direction. In line with section 259(5) of the 2012 Act, all organisations in England that are within the scope of this Notice, as identified below under Health and Social Care Bodies within the scope of the collection, must comply with the requirement and provide information to NHS Digital in the form, manner and for the period specified in this Notice.   This Notice is issued in accordance with the procedure published as part of NHS Digital’s duty under section 259(8) of the 2012 Act.

Visitors to the Practice

We have an obligation to protect our staff and employees’ health, so it is reasonable for staff at Umbrella Medical [Lichfield St Surgery, Holland Park Surgery, Mossley Fields Surgery, Sycamore House Medical Centre and The Limes Medical Centre] to ask any visitors to our practice to tell us if they have visited a particular country, or are experiencing COVID-19 symptoms. This must only be in pre-approved circumstances and we would also ask all patients to consider government advice on the NHS 111 website and not attend the practice.

Where it is necessary for us to collect information and specific health data about visitors to our practice, we will not collect more information than we need, and we will ensure that any information collected is treated with the appropriate safeguards.

Review and Expiry of this Notice

This Notice will be reviewed on or before 30 September 2020 and may be extended by The Secretary of State.  If no further notice is sent to Umbrella Medical [Lichfield St Surgery, Holland Park Surgery, Mossley Fields Surgery, Sycamore House Medical Centre and The Limes Medical Centre] by The Secretary of State this Notice will expire on 30 September 2020.

Walsall CCG Medicines Management team, Practice Based Pharmacists and other NHS pharmacy teams will be supporting GP practices to conduct medication reviews, clinical audits, medicine safety and medicines optimisation initiatives for patient care. Should you not wish your medical records to be used in this way please contact a member of staff at any time.

1.        Introduction

1.1     We are committed to safeguarding the privacy of our website visitors; in this policy we explain how we will treat your personal information.

1.2     By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

2.        Credit

2.1     This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3.        Collecting personal information

3.1     We may collect, store and use the following kinds of personal information:

(a)     information about your computer and about your visits to and use of this website including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths;

(b)     information that you provide to us when registering with our website including your email address;

(c)     information that you provide when completing your profile on our website (including your name, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details);

(d)     information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters including your name and email address;

(e)     information that you provide to us when using the services on our website, or that is generated in the course of the use of those services including the timing, frequency and pattern of service use;

(f)      information relating to any purchases you make of our goods / services / goods and/or services or any other transactions that you enter into through our website including your name, address, telephone number, email address and card details;

(g)     information that you post to our website for publication on the internet including your user name, your profile pictures and the content of your posts;

(h)     information contained in or relating to any communications that you send to us or send through our website including the communication content and meta data associated with the communication;

(i)      any other personal information that you choose to send to us.

3.2     Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.

4.        Using your personal information

4.1     Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.

4.2     We may use your personal information to:

(a)     administer our website and business;

(b)     personalise our website for you;

(c)     enable your use of the services available on our website;

(d)     send you goods purchased through our website;

(e)     supply to you services purchased through our website;

(f)      send statements, invoices and payment reminders to you, and collect payments from you;

(g)     send you non-marketing commercial communications;

(h)     send you email notifications that you have specifically requested;

(i)      send you our email newsletter, if you have requested it you can inform us at any time if you no longer require the newsletter;

(j)      send you marketing communications relating to our business [or the businesses of carefully-selected third parties] which we think may be of interest to you, by post or, where you have specifically agreed to this, by email or similar technology you can inform us at any time if you no longer require marketing communications;

(k)     provide third parties with statistical information about our users but those third parties will not be able to identify any individual user from that information;

(l)      deal with enquiries and complaints made by or about you relating to our website;

(m)    keep our website secure and prevent fraud;

(n)     verify compliance with the terms and conditions governing the use of our website including monitoring private messages sent through our website private messaging service; and

(o)     other uses.

4.3     If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.

4.4     Your privacy settings can be used to limit the publication of your information on our website, and can be adjusted using privacy controls on the website.

4.5     We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party’s direct marketing.

5.        Disclosing personal information

5.1     We may disclose your personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers or subcontractors insofar as reasonably necessary for the purposes set out in this policy.

5.2     We may disclose your personal information to any member of our group of companies this means our subsidiaries, our ultimate holding company and all its subsidiaries insofar as reasonably necessary for the purposes set out in this policy.

5.3     We may disclose your personal information:

(a)     to the extent that we are required to do so by law;

(b)     in connection with any ongoing or prospective legal proceedings;

(c)     in order to establish, exercise or defend our legal rights including providing information to others for the purposes of fraud prevention and reducing credit risk;

(d)     to the purchaser or prospective purchaser of any business or asset that we are or are contemplating selling; and

(e)     to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

5.4     Except as provided in this policy, we will not provide your personal information to third parties.

6.        International data transfers

6.1     Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.

6.2     Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America, Russia, Japan, China and India.

6.3     Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

6.4     You expressly agree to the transfers of personal information described in this Section 6.

7.        Retaining personal information

7.1     This Section 7 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.

7.2     Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

7.3     Notwithstanding the other provisions of this Section 7, we will retain documents including electronic documents containing personal data:

(a)     to the extent that we are required to do so by law;

(b)     if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and

(c)     in order to establish, exercise or defend our legal rights including providing information to others for the purposes of fraud prevention.

8.        Security of your personal information

8.1     We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

8.2     We will store all the personal information you provide on our secure password- and firewall-protected servers.

8.3     All electronic financial transactions entered into through our website will be protected by encryption technology.

8.4     You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

8.5     You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password except when you log in to our website.

9.        Amendments

9.1     We may update this policy from time to time by publishing a new version on our website.

9.2     You should check this page occasionally to ensure you are happy with any changes to this policy.

9.3     We may notify you of changes to this policy by email or through the private messaging system on our website.

10.      Your rights

10.1   You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

(a)     the payment of a fee currently fixed at GBP 10; and

(b)     the supply of appropriate evidence of your identity for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address.

10.2   We may withhold personal information that you request to the extent permitted by law.

10.3   You may instruct us at any time not to process your personal information for marketing purposes.

10.4   In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

11.      Third party websites

11.1   Our website includes hyperlinks to, and details of, third party websites.

11.2   We have no control over, and are not responsible for, the privacy policies and practices of third parties.

12.      Updating information

12.1   Please let us know if the personal information that we hold about you needs to be corrected or updated.

13.      Cookies

13.1   Our website uses cookies.

13.2   A cookie is a file containing an identifier a string of letters and numbers that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

13.3   Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

13.4   Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

13.5   We use only session cookies / only persistent cookies / both session and persistent cookies on our website.

13.6   Most browsers allow you to refuse to accept cookies; for example:

(a)     in Internet Explorer (version 10) you can block cookies using the cookie handling override settings available by clicking “Tools”, “Internet Options”, “Privacy” and then “Advanced”;

(b)     in Firefox (version 24) you can block all cookies by clicking “Tools”, “Options”, “Privacy”, selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and

(c)     in Chrome (version 29), you can block all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Content settings”, and then selecting “Block sites from setting any data” under the “Cookies” heading.

13.7   Blocking all cookies will have a negative impact upon the usability of many websites.

13.8   If you block cookies, you will not be able to use all the features on our website.

13.9   You can delete cookies already stored on your computer; for example:

(a)     in Internet Explorer (version 10), you must manually delete cookie files (you can find instructions for doing so at http://support.microsoft.com/kb/278835);

(b)     in Firefox (version 24), you can delete cookies by clicking “Tools”, “Options” and “Privacy”, then selecting “Use custom settings for history”, clicking “Show Cookies”, and then clicking “Remove All Cookies”; and

(c)     in Chrome (version 29), you can delete all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Clear browsing data”, and then selecting “Delete cookies and other site and plug-in data” before clicking “Clear browsing data”.

13.10 Deleting cookies will have a negative impact on the usability of many websites.

14.      Data protection registration

14.1   We are registered as a data controller with the UK Information Commissioner’s Office.

14.2   Our data protection registration number is .

15.      Our details

15.1   This website is owned and operated by Sycamore House Medical Centre.

15.2   We are registered in England and Wales under registration number 2207423 as a Non-limited business, and our registered office is at Sycamore House Medical Centre, 111 Birmingham Road, Walsall, WS1 2NL.

15.3   Our principal place of business is at Sycamore House Medical Centre, 111 Birmingham Road, Walsall, WS1 2NL

15.4   You can contact us by writing to the business address given above, by using our website contact form.