Privacy Notice

This page explains why Locala Homecare collects personal information about you, the ways in which such information may be used, and your rights under the General Data Protection Regulation.

Security of information

Confidentiality affects everyone: Locala Homecare collects, stores and uses large amounts of personal and sensitive personal data every day, such as medical records, personal records and computerised information. This data is used by many people in the course of their work.

We take our duty to protect personal information and confidentiality very seriously and we are committed to comply with all relevant legislation and to take all reasonable measures to ensure the confidentiality and security of personal data for which we are responsible, whether computerised or on paper. All our colleagues are bound by a duty of confidentiality and undertake regular training.

At Board level, we have appointed a Senior Information Risk Owner who is accountable for the management of all information assets and any associated risks and incidents, and a Caldicott Guardian who is responsible for the management of patient information and patient confidentiality.

Legal basis for the processing of your data

The General Data Protection Regulation (GDPR) 2018 requires Locala Homecare to process:

Personal data under 6(1)(f) “Processing is necessary for the purposes of the legitimate interests pursued by the controller or by third party, except where such interests are overridden by the interests or fundamental rights and freedom of the data subject which require protection of personal data, in particular where the data subject is a child (Data Controller)” and occasionally  6(1)(d) “ when it is necessary to protect the vital interests of a person who is physically or legally incapable of giving consent”

Sensitive personal data (Health Records) under 9(2)(h) – “Necessary for the reasons of preventative or occupational medicine, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services” and occasionally 9(2)(c) “when it is necessary to protect the vital interests of a person who is physically or legally incapable of giving consent”

Why do we collect information about you?

All clinicians and health and social care professionals caring for you keep records about your health, and any treatment and care you receive from the NHS. These records help to ensure that you receive the best possible care. They may be paper or electronic and they may include:

  • Basic details about you such as name, address, email address, NHS number, date of birth, next of kin, etc.
  • Contact we have had with you such as appointments or clinic visits.
  • Notes and reports about your health, treatment and care – A&E visits, in patient spells or clinic appointments
  • Details of diagnosis and treatment given
  • Information about any allergies or health conditions.
  • Results of x-rays, scans and laboratory tests.
  • Relevant information from people who care for you and know you well such as health care professionals and relatives.By providing Locala Homecare with your contact details, you are agreeing to us communicating with you about your care, i.e. by letter (postal address), by voice mail or voice message (telephone or mobile number), by text message (mobile number) or by email (email address).In general your records are used to direct, manage and deliver the care you receive to ensure that:

How your personal information is used

  • It is essential that your details are accurate and up to date. Always check that your personal details are correct when we visit you and please inform us of any changes to your contact details or GP Practice as soon as possible. This minimises the risk of you not receiving important correspondence.
  • The health and social care professionals involved in your care have accurate and up to date information to assess your health and decide on the most appropriate care for you.
  • Health or social care professionals have the information they need to be able to assess and improve the quality and type of care you receive.
  • Your concerns can be properly investigated if a complaint is raised.
  • Appropriate information is available if you see another clinician, or are referred to a specialist or another part of the NHS or social care.
  • Your concerns can be properly investigated if a complaint is raised.

The Care Record

The Care Record is a shared system that allows health or social care professionals within the local health and social care community to appropriately access the most up-to-date and accurate information about patients to deliver the best possible care

The NHS Care Record Guarantee

The Care Record Guarantee is our commitment that we will use records about you in ways that respect your rights and promote your health and wellbeing. Copies of the full document can be obtained from:

https://digital.nhs.uk/binaries/content/assets/legacy/pdf/1/8/care_record_guarantee.pdf

The Records Management Code of Practice

This Records Management Code of Practice for Health and Social Care 2016 is a guide for us to use in relation to the practice of managing records. The Code is based on current legal requirements and professional best practice. It will help organisations to implement the recommendations of the Mid Staffordshire NHS Foundation Trust Public Inquiry1 relating to records management and transparency.

https://www.gov.uk/government/publications/records-management-code-of-practice-for-health-and-social-care

How long your records are retained

All your records are destroyed in accordance with the NHS Records Retention Schedule, which sets out the appropriate length of time each type of NHS records is retained.

Locala Homecare does not keep patient records for longer than necessary and all records are destroyed confidentially once their retention period has been met, and we have made the decision that the records are no longer required

When do we share information about you?

We share information about you with others directly involved in your care; and also share more limited information for indirect care purposes, both of which are described below.

Everyone working within the organisation has a legal duty to keep information about you confidential. Similarly, anyone who receives information from us also has a legal duty to keep it confidential.

Direct Care Purposes

Unless you object, we will normally share information about you with other health and social care professionals so that you may receive the best quality care:

  • Other NHS organisations and hospitals that are involved in your care.
  • NHS Digital and other NHS bodies.
  • General Practitioners (GPs).
  • Ambulance Services.
  • You may be receiving care from other people as well. We may need to share some information about you with them so we can all work together for your benefit if they have a genuine need for it or we have your permission. Therefore, we may also share your information, subject to strict agreement about how it will be used, with:
  • Social Care Services.
  • Local Authorities.
  • Voluntary and private sector providers working with the NHS.

Indirect Care Purposes

  • We also use information we hold about you to:
  • We will not disclose your information to any other third parties without your permission unless there are exceptional circumstances, such as if the health and safety of others is at risk or if the law requires us to pass on information.
  • Review the care we provide to ensure it is of the highest standard and quality
  • Ensure our services can meet service user needs in the future
  • Investigate service user queries, complaints and legal claims
  • Ensure the organisation receives payment for the care you receive
  • Prepare statistics regarding our performance
  • Audit accounts and services
  • Undertake research and development (with your consent – you may choose whether or not to be involved)
  • Help train and educate health and care professionals

Nationally there are strict controls on how your information is used for these purposes. These control whether your information has to be de-identified first and with whom we may share identifiable information. You can find out more about these purposes, which are also known as secondary uses, on the NHS England and NHS Digital’s websites:

Care Quality Commission

The Care Quality Commission has powers under the Health and Social Care Act 2008 to access and use information – including personal and medical records – where they consider this is necessary for them to carry out their functions as a regulator. They also have powers to access and use information as part of their role protecting the rights of people whose rights are restricted under the Mental Health Act 1983, and powers under the Health and Safety at Work Act 1974.

For example, they check that care services are complying with the regulations regarding record keeping, care planning, consent, cooperating with other providers, and management of medicines.

They publish guidance for our staff on accessing medical and care records. They usually look at only a small sample of these records during an inspection, often in anonymised form. In rare circumstances they may take a copy of parts of a person’s records.

If you do not want CQC to look at your personal information when they check our services, please let us know. We can mark your records to show that you do not want CQC to see them.

If we know that you don’t want CQC to look at your information, your wishes will be respected, other than in rare circumstances which are explained in their Code of Practice on Confidential Personal Information https://www.cqc.org.uk/sites/default/files/20180419%20Code%20of%20practice%20on%20CPI%20with%20GDPR%20and%20IRMER%20updates.pdf

How we use your information

Locala Homecare is one of many organisations working in the health and care system to improve care for service users and the public.

Whenever you use a health or care service, such as attending Accident & Emergency or using Community Care services, important information about you is collected in a record for that service. Collecting this information helps to ensure you get the best possible care and treatment.

The information collected about you when you use these services can also be used and provided to other organisations for purposes beyond your individual care, for instance to help with:

  • improving the quality and standards of care provided
  • research into the development of new treatments
  • preventing illness and diseases
  • monitoring safety
  • planning services

This may only take place when there is a clear legal basis to use this information. All these uses help to provide better health and social care for you, your family and future generations. Confidential information about your health and care is only used like this where allowed by law.

Most of the time, anonymised data is used for research and planning so that you cannot be identified in which case your confidential patient information isn’t needed.

You have a choice about whether you want your confidential service user information to be used in this way. If you are happy with this use of information you do not need to do anything. If you do choose to opt-out your confidential patient information will still be used to support your individual care.

To find out more or to register your choice to opt out, please visit www.nhs.uk/your-nhs-data-matters. On this web page you will:

  • See what is meant by confidential information
  • Find examples of when confidential information is used for individual care and examples of when it is used for purposes beyond individual care
  • Find out more about the benefits of sharing data
  • Understand more about who uses the data
  • Find out how your data is protected
  • Be able to access the system to view, set or change your opt-out setting
  • Find the contact telephone number if you want to know any more or to set/change your opt-out by phone
  • See the situations where the opt-out will not apply

You can also find out more about how your information is used at:

https://www.hra.nhs.uk/information-about-patients/ (which covers health and care research); and

https://understandingpatientdata.org.uk/what-you-need-know (which covers how and why patient information is used, the safeguards and how decisions are made)

You can change your mind about your choice at any time.

Data being used or shared for purposes beyond individual care does not include your data being shared with insurance companies or used for marketing purposes and data would only be used in this way with your specific agreement.

Health and care organisations have until 2020 to put systems and processes in place so they can apply your national data opt-out choice. Locala Community Partnerships is not currently able to apply your national data opt-out choice to any confidential patient information we may use or share with other organisations for purposes beyond your individual care. The national implementation plan is available on the nhs.uk website above.

When other people need information about you

Everyone working in Health and Social Care has a legal duty to keep information about you confidential and anyone who receives information from us is also under a legal duty to keep it confidential.

From time to time we may need to share information with other professionals and services concerned in your care. This may be for instance, when your healthcare professional needs to discuss your case with other professionals (who do not work for Locala Homecare) in order to plan your care. We do this in order to provide the most appropriate treatment and support for you and your carers, or when the welfare of other people is involved. We will only share information in this way if we have your permission and it is considered necessary.

There may be other circumstances when we must share information with other agencies. In these rare circumstances we are not required to seek your consent.

Examples of this are:

  • If there is a concern that you are putting yourself at risk of serious harm
  • If there is a concern that you are putting another person at risk of serious harm
  • If there is a concern that you are putting a child at risk of harm
  • If we have been instructed to do so by a court
  • If the information is essential for the investigation of a serious crime
  • If you are subject to the Mental Health Act (1983), there are circumstances in which your ‘nearest relative’ must receive information even if you object
  • If your information falls within a category that needs to be notified for public health or other legal reasons, e.g. Certain infectious diseases

Your rights

Under the General Data Protection Regulations and Data Protection Legislation, you have a number of rights which we respect:

Right to rectification – we will correct any personal information that is inaccurate and rectify any data that is incomplete

Right to be informed – we will tell you what we do with your information. We do this through notices like this, service information leaflets, notices on our website and posters.

Right to object – you have the right to object to how we process your information and with whom we share your information. If you object to us sharing your information we will record this explicitly within your records so that all healthcare professionals and staff involved with your care are aware of your decision. If you choose not to allow us to share your information with other health or social care professionals involved with your care, it may make the provision of treatment or care more difficult or unavailable.

Please discuss any concerns with the care workers looking after you so that you are aware of any potential impact. You can also change your mind at any time about a disclosure decision.

Right to restrict processing – we will temporarily restrict processing your data whilst we check the information, if you query the accuracy of it. We will also restrict processing (if you raise an objection as to how we process your data) whilst we consider your objection.

Right related to automated profiling – some services use profiling for medical treatments, by applying machine learning to predict patients’ health or the likelihood of a treatment being successful for a particular patient based on certain group characteristics. In all cases, the results will be fully discussed with you and you will be involved in planning further treatment and care.

Right of access – you can ask for copies of information we hold about you. This is called a subject access request.

How can you access your records?

The GDPR 2018 gives you a right to access the information we hold about you on our records. Requests should be made to the Resolution team (see below). We will provide your information to you within one month (this can be extended dependent on the complexity of the request) from receipt of your application:

Before fulfilling your request we will need to be able to verify your identity and will ask you to provide relevant documents.

Information will be provided free of charge except where requests are unfounded or excessive, in particular repeat requests when we may either charge a reasonable administrative fee or refuse to act on the request.

Our Data Security and Protection policy is available through this website.

Resolution Team

Beckside Court (1st Floor)

286 Bradford Road

Batley, West Yorkshire, WF17 5PW

Tel: 030 3330 8831

Email: resolution@locala.org.uk

 

Data controller

The Data Controller responsible for keeping your information confidential is:

Locala Homecare,

Beckside Court (1st Floor)

286 Bradford Road, Batley, West Yorkshire, WF17 5PW

Our Data Protection Officer is Gwyneth Ruddlesdin

The Data Protection Officer’s role is to monitor and advise the organisation on meeting its data protection responsibilities.

Our Caldicott Guardian is Julie Clennell, Director of Nursing, Allied Health Professional and Quality. She can be contacted using the details below.

Email: dpo@locala.org.uk

Raising a concern

Patients who have a concern about any aspect of their care or treatment at Locala Homecare, or about the way their records have been managed, should contact the Customer Liaison Team on030 3003 4529.

If you have any concerns about how we handle your information you have a right to complain to the Information Commissioners Office about it.

The GDPR 2018 requires organisations to lodge a notification with the Information Commissioner to describe the purposes for which they process personal information. These details are publicly available from:

Information Commissioner’s Office
Wycliffe House, Water Lane
Wilmslow, SK9 5AF

Telephone: 08456 306060